GIFT  OF 


14. 


State  of  Kljofte  Jtelanb  anb  Jlrotritonce  plantations. 


MANUAL 


OP 


ELECTION  LAWS 


FOR  THE  USE  OF 


MODERATORS,  WARDENS,  CLERKS, 
AXD  SUPERVISORS. 


PREPARED  BY  TITK 


STATE  RETURNING  BOARD 

1906. 


PROVIDENCE  : 
R.    f,.    FREEMAN  COMPANY,   PRINTERS  TO  THK  STATE. 

1906. 


State  of  Kljofoe  Jslanb  anft  JJrowbence  JJlcmtaticm0. 


MANUAL 


OP 


ELECTION  LAWS 


FOR  THE  USE  OF 

MODERATORS,  WARDENS,  CLERKS, 
AND  SUPERVISORS. 


PREPARED   BY   THE 


STATE  RETURNING  BOARD 

1906. 


PROVIDENCE  I 
E.    L.    FREEMAN   COMPANY,   PRINTERS  TO  THE  STATE. 

1906. 


STATE   RETURNING.  BOARD. 


ARTHUR  S.  FITZ,  Chairman, 
THOMAS  J.  DORNEY, 
GEORGE  R.  LAWTON, 
CHARLES  H.  HANDY, 
C.  CLARENCE  MAXSOK 


RICHARD  W.  JENNINGS,  Secretary. 

P.  O.  Box  843,  PROVIDENCE,  R.  I. 

OFFICES: 
ROOMS  3  AND  108,  STATE  HOUSE,  PROVIDENCE. 


TO  ELECTION  OFFICEES, 


The  State  ballot  for  the  election  to  be  held  on  November  6th,  1906, 
will  contain  the  names  of  candidates  for  Representative  in  Con- 
gress, General  Officers  and  for  members  of  the  General  Assembly; 
also  a  proposition  for  the  issue  of  bonds  known  as  the  "  Metropoli- 
tan Park  Loan." 

The  names  of  the  candidates  will  be  arranged  upon  the  ballot  in 
party  columns,  so  that  a  voter  desiring  to  vote  a  straight  party 
ticket  may  do  so  by  making  a  cross  in  the  circle  at  the  top  of  the 
column  assigned  to  the  party  of  his  choice.  A  cross  mark  in  such  a 
circle  is  a  vote  not  only  for  a  Representative  in  Congress  and  for 
General  Officers,  but  also  for  members  of  the  General  Assembly; 
therefore  THIS  BALLOT  MUST  NOT  BE  TORN  APART,  NOR 
ITS  FOLDS  SEPARATED  IN  ANY  MANNER  WHATSOEVER. 

The  ENTIRE  BALLOT  must  be  returned  to  the  State  Returning 
Board,  which,  by  the  changes  made  in  the  laws  at  the  January 
Session,  1905,  is  now  required  to  count  and  declare  the  votes  cast 
for  members  of  the  General  Assembly;  town  councils,  boards  of  al- 
dermen, and  the  board  of  canvassers  and  registration  in  the  city  of 
Providence  having  been  relieved  of  the  duty  of  counting  and  de- 
claring such  votes. 

When  the  votes  have  been  counted  in  the  town,  ward  or  district 
meeting,  the  State  ballots  must  be  done  up  in  the  official  wrapper 
furnished  by  the  Secretary  of  State. 

ELECTION  OFFICERS  MUST  SEE  THAT  EACH  PACKAGE 
OF  BALLOTS  IS  SEALED  UP,  ADDRESSED,  AND  ENDORSED 
ACCORDING  TO  LAW. 

Each  package  must  be  sealed  up  in  accordance  with  sections  9 
and  11,  Chapter  829  (see  pages  8  and  9).  ADHESIVE  LABELS 
bearing  the  SIGNATURES  of  the  MODERATOR  or  WARDEN 

257157 


.J&ANUAL    OF    ELECTION    LAWS, 


and  CLERK  must  be  so  affixed  to  the  package  as  to  guard  against 
any  tampering  with  the  ballots  after  they  have  left  the  polling  place. 

Each  package  must  be  addressed  and  endorsed  as  required  by 
section  10,  Chapter  829.  (See  page  9.) 

Each  package  must  contain  the  CERTIFICATE  signed  by  the 
moderator  or  warden  and  clerk  as  required  by  section  12,  Chapter 
829  (see  page  10),  also  the  reports  of  supervisors  required  by  sec- 
tion 32,  Chapter  11,  General  Laws.  (See  page  30.) 

The  State  ballots  must  be  delivered  by  the  clerk  of  the  elective 
meeting  IN  PERSON,  to  the  State  Returning  Board,  at  the  State 
House,  Providence,  within  FORTY-EIGHT  HOURS  after  they 
have  been  sealed  up. 

If  the  clerk  is  unable  from  any  cause  to  personally  deliver  the 
ballots  to  the  State  Returning  Board,  he  must  appoint,  in  writing, 
some  officer  of  his  city  or  town  to  deliver  them. 

PACKAGES   MUST   NOT  BE   RE-OPENED. 

After  ballots  have  been  once  sealed  up  in  open  meeting,  the  re- 
opening of  the  package  is  prohibited. 

The  duties  of  supervisors  and  the  nature  of  the  returns  to  be  made 
by  them  will  be  found  in  Chapter  11,  General  Laws,  sections  32  to 
37,  inclusive,  and  sections  39,  40,  and  50. 

The  offices  of  the  State  Returning  Board,  at  the  State  House, 
Providence,  will  be  open  continuously  for  twenty-four  hours  after 
the  close  of  the  polls,  and  thereafter  from  8  A.  M.  to  7  P.  M.,  until 
all  the  ballots  have  been  received. 

By  direction  of  the  State  Returning  Board, 

RICHARD  W.  JENNINGS,  Secretary. 


MANUAL  OE  ELECTION  LAWS. 


CHAPTER  38,  GENERAL  LAWS. 
Moderators  and  Wardens;   Election  and  Powers. 

Chapter  38,  General  Laws,  "Of  the  quorum,  government 
and  conduct  of  town  meetings,  and  of  organization  and  gov- 
ernment of  ward  meetings,"  provides: 

SEC.  8.     In  all  meetings  of  the  electors  or  voters  in  a  town   who  to  pre- 
or  district,  the  moderator,  and  of  a  ward  or  district,  the  warden 
or  district  warden,  shall  preside,  if  present. 

SEC.  9.     In  case  of  his  absence,  or  of  the  absence  of  the  moderator?  °f 

,.    .    .    ,  i  warden  and 

ward  or  district  clerk,  the  town,  ward  or  district  may  elect  a  clerk  pro  tem- 

pore. 

moderator  or  warden,  or  clerk,  pro  tempore;  and  the  town, 
ward  or  district  clerk,  and  in  case  of  the  absence  of  the  town 
clerk,  the  town  treasurer,  shall  preside  in  such  election  of  the 
moderator  or  warden,  and  the  warden  or  moderator  shall 
preside  at  such  election  of  a  ward  or  district  clerk. 

SEC.  10.      In  case  of  the  death,  resignation  or  permanent  ^n In7  case"  of 
disability  of  the  moderator,  warden,  or  ward  or  district  clerk, 
the  town,  ward  or  district  may  proceed  to  a  new  election,  the 
meeting  for  such  purpose  being  presided  over  in  like  manner 
as  for  the  election  of  such  officer  pro  tempore. 

SEC.  11.     Every  moderator  or  warden  shall  have  power  to  pr°aYorandm°d 
manage  and  regulate  the  business  of  each  meeting,  conform-  warden- 
ing  to  law,  and  to  maintain  peace  and  good  order  therein. 

SEC.   12.     If  any  person  shall  conduct  himself  in  a  disorderly   Disorderly  per- 
manner  in  any  town,  district  or  ward  meeting,  the  moderator 
or  warden  may  order  him  to  withdraw  from  the  meeting;   and, 
on  his  refusal,  may  order  the  town  sergeant,  or  any  constable 


MANUAL    OF    ELECTION    LAWS. 


present,  or  any  other  persons,  to  take  him  from  the  meeting, 
and  to  confine  him  in  some  convenient  place  until  the  meeting 
shall  be  adjourned;  and  the  person  so  refusing  to  withdraw 
shall,  for  each  offence,  be  fined  not  exceeding  twenty  dollars. 


Passed  March 
21,  1901. 


Ballot-boxes, 
how  provided 
and  cared  for. 


Form  of  ballot- 
boxes  and  how 
used. 


What  votes  to 
be  received, 
and  what  re- 
jected. 


CHAPTER  829,  PUBLIC  LAWS. 

AN  ACT  PRESCRIBING  THE  MANNER  OF  CONDUCTING 
ELECTIONS. 

//  is  enacted  by  the  General  Assembly  as  follows: 

SECTION  1.  The  city  clerks  of  the  several  cities,  other  than 
the  city  of  Providence,  and  the  town  clerks  of  the  several 
towns  shall,  at  the  expense  of  their  respective  cities  and  towns, 
furnish  a  sufficient  number  of  ballot-boxes  for  the  voting- 
places  in  their  respective  cities  and  towns,  and  shall  see  that 
such  boxes  are  kept  in  proper  condition  for  use  and  that  each 
voting-place  is  supplied  with  the  required  number  of  such 
boxes  on  the  day  of  every  town,  ward,  or  district  meeting  held 
thereat. 

SEC.  2.  Said  ballot-boxes  shall  have  a  sufficient  opening 
in  the  top  to  receive  the  ballots,  and  shall  in  open  town,  ward, 
and  district  meeting,  and  before  the  balloting  has  commenced, 
be  opened  and  exhibited  to  all  present;  after  which  they  shall 
be  kept  closed  and  locked,  and  shall  not,  by  the  moderator  or 
warden,  nor  by  any  other  person  whomsoever  upon  any  pre- 
text whatever,  be  opened  until  the  balloting  be  completed,  and 
shall  be  in  charge  of  the  moderators  and  wardens  only. 

SEC.  3.  The  moderator  or  warden  of  any  town,  ward,  or 
district  meeting  shall  receive  the  ballots  of  all  person  whose 
names  are  upon  the  list  of  voters  certified  and  delivered  to  him 
by  the  city  or  town  clerk,  and  shall  reject  the  ballots  of  all 
persons  attempting  to  vote  whose  names  are  not  on  said  list. 


MANUAL    OF    ELECTION    LAWS. 

SEC.  4.     Every  moderator  or  warden  whose  duty  it  is  to 

,  .    .    .    .  ,         or  reception  of 

receive  ballots,  and  every  town,  ward,  or  district  clerk,  who  vote. 
shall  reject  the  ballot  of  any  voter  whose  name  is  on  the  town, 
ward,  or  district  list,  or  who  shall  receive  the  ballot  of  any 
person  whose  name  is  not  upon  the  town,  ward,  or  district  list, 
or  who  shall  place  or  permit  to  be  placed  in  or  abstract  or 
permit  to  be  abstracted  from  the  ballot-box,  or  from  the  ballots 
during  the  counting  thereof,  any  ballot,  shall  be  fined  not  less 
than  five  hundred  dollars  nor  more  than  one  thousand  dollars 
or  be  imprisoned  not  less  than  one  year  nor  more  than  five 
years,  either  or  both,  at  the  discretion  of  the  court:  Provided, 
that  nothing  herein  shall  be  construed  to  prevent  the  lawful 
depositing  of  the  ballot  of  such  moderator,  warden,  or  clerk. 

SEC.  5.     Every  voter  shall  at  the  time  of  voting  announce  JUmic^hls" 

his  name  to  the  moderator  or  warden,  who  shall  pronounce  Same'ufbe  re- 

peated and 
the  same  aloud  and  cause  it  to  be  checked  upon  the  voting-  checked  before 

list  by  the  clerk  before  the  voter  deposits  his  ballot  or  enters 
any  voting-machine. 

SEC.  6.     In  voting  by  ballot  every  voter  shall  also  hold  in  ^f  b^t  in 
his  hand  and  deposit  in  said  ballot-box  his  ballot  or  ballots   wha 
in  such  a  manner  that  said  moderator  and  warden  can  dis- 
tinctly see  that  he  deposits  but  one  ballot  of  a  kind. 

SEC.  7.     (As    amended    by    Chapter    1229,    Public    Laws.) 
After  the  voting  in  any  town,  ward,  or  district  meeting  shall  be 


result  an- 

closed  the  moderator  or  warden  and  the  clerk  of  such  meeting   nounced. 
shall  in  open  meeting  proceed  to  count  the  ballots,  and  the 
moderator  or  warden  shall  announce  the  result. 

SEC.  8.     The  moderator  or  warden  and  clerk  of  such  meet- 
ing  shall  make  a  record  in  ink,  in  a  book  to  be   provided   for  whom,  and  y 

what  to  con- 

that  purpose  by  the  secretary  of  state:  tain. 

First,  Of  the  date  of  such  meeting; 

Second,  Of  the  number  of  names  checked  upon  the  voting- 
list  used  at  such  meeting; 


8 


MANUAL    OF    ELECTION    LAWS. 


Third,  Of  the  number  of  votes  cast  thereat  for  each  can- 
didate, and  for  what  office; 

Fourth,  Of  the  number  of  votes  cast  for  and  against  any 
proposition  of  amendment  of  the  constitution;  and 

Fifth,  Of  the  number  of  votes  cast  for  and  against  any 
question  which  has  been  voted  upon  at  said  meeting,  and  shall 
each  sign  such  record  in  ink.  Said  book  shall  in  no  case  be 
enclosed  in  any  package  containing  ballots,  but  shall  be  taken 
by  the  moderator  or  warden  of  said  meeting,  upon  the  ad- 
journment thereof,  and  be  by  him  kept  separate  and  apart 
from  said  ballots,  where  it  will  not  be  exposed  to  loss  or  de- 
struction with  them,  and  be  by  him  delivered  in  person  to  the 
clerk  of  the  town  or  city  in  which  such  meeting  was  held, 
within  twelve  hours  after  such  record  is  made  and  signed.  In 
case  the  ballots  or  any  of  them  given  in  at  such  meeting  are 
lost  or  destroyed,  the  record  in  such  book  shall  be  evidence  of 
the  matters  therein  contained  and  may  be  used  in  the  same 
manner  as  such  ballots  might  have  been  by  the  board  or  council 
authorized  to  make  the  final  count  thereof.  The  record  of 
each  class  of  ballots  shall  be  made  in  said  book  before  they  are 
sealed  up  as  provided  in  this  act. 

SEC.  9.  When  the  counting  of  the  ballots  given  in  at  such 
meeting  is  completed,  and  the  result  thereof  has  been  an- 
nounced, the  moderator  or  warden  and  clerk  shall  forthwith 
seal  up  such  ballots  in  open  meeting,  together  with  the  certifi- 
cate provided  for  in  section  12  of  this  act,  by  enclosing  them 

Method  of  seal-  jn  stout  paper  and  binding  the  package  with  suitable  cord  or 
twine  and  affixing  to  the  package  adhesive  labels  sufficient  in 
number  to  prevent  the  abstraction  of  any  ballots  from  or  the 
adding  of  any  ballots  to  the  contents  of  such  package,  and  the 
moderator  or  warden  and  clerk  of  the  meeting  shall  affix  their 
signatures  in  ink  to  each  of  said  labels.  Whenever  both  of  the 

Labels  to  be       officers  whose  duty  it  is  to  sign,  such  labels  are  of  the  same 

signed,  by 

whom.  political  party,  they  shall  also  allow  some   elector  of   another 


MANUAL    OF    ELECTION    LAWS.  9 

political  party  to  affix  his  signature  in  ink  to  all  of  such  labels : 
Provided,  that  in  towns  not  divided  into  voting-districts  the 
ballots  cast  for  town  officers  need  not  be  so  sealed. 

SEC.  10.  The  packages  so  sealed  up  shall  each  be  addressed  ^JJ^eifvered 
to  the  board  or  council  to  which  they  are  to  be  delivered  and  iSw  to™  *en- 
be  plainly  endorsed  in  ink  by  the  clerk  of  such  meeting,  with 

First,  The  name  of  the  town  or  city  where  such  meeting  was 
held; 

Second,  The  number  of  the  voting-district,  if  it  be  a  district 
meeting; 

Third,  The  number  of  the  ward,  if  it  be  a  ward  meeting; 

Fourth,  The  number  of  the  ward  and  of  the  voting-district 
therein,  if  it  be  a  ward-district  meeting; 

Fifth,  The  day,  month,  and-  year  of  holding  such  meeting; 
and 

Sixth,  The  class  or  classes  of  ballots  which  such  package 
contains. 

SEC.  11.  (As  amended  by  Chapter  1229,  Public  Laws.)  The  tB0aK'alhe°dwup. 
ballots  given  at  any  such  meeting  for  electors  of  president  and 
vice-president  of  the  United  States,  representatives  in  the  con- 
gress of  the  United  States,  general  officers  of  the  state,  senators 
and  representatives  in  the  general  assembly,  and  ballots  given 
in  at  any  such  meeting  upon  any  proposed  amendment  of  the 
constitution  and  upon  any  question  or  questions  submitted 
to  the  electors  of  the  state,  shall  be  sealed  up  in  one  package, 
which  shall  contain  no  other  ballots.  In  cities  and  in  towns 
divided  into  voting-districts  the  ballots  given  in  at  any  such 
meeting  for  city  and  town  officers,  for  ward  and  voting-district 
officers,  and  for  and  against  any  question  submitted  to  the 
electors  of  such  city  or  town  shall  be  sealed  up  in  one  package 
containing  no  ballots  given  in  for  any  other  officers,  or  for  or 
against  any  proposition  or  question  submitted  to  the  electors 
of  the  state. 
2 


MANUAL    OF    ELECTION    LAWS. 

SEC.   12.     In  each  package  of  ballots  sealed  up  as  provided 
lots. a|  in  section  9  of  this  act  there  shall  be  enclosed  a  certificate  in 

ink,  signed  by  the  moderator  or  warden  and  clerk  of  such 
meeting,  stating: 

what  to  set  First,  The  number  of  names  checked  upon  the  voting-list 

used  at  such  meeting; 

Second,  The  number  of  ballots  cast  for  each  candidate  for 
whom  ballots  are  enclosed,  and  for  what  office; 

Third,  The  number  of  ballots  cast  for  and  against  any  propo- 
sition of  amendment  of  the  constitution,  if  such  ballots  are 
enclosed  therein; 

Fourth,  The  number  of  ballots  cast  for  and  against  any 
question  submitted  to  the  electors,  if  such  ballots  are  enclosed 
therein; 

Fifth,  That  such  ballots  are  all  the  ballots  that  were  given 
in  at  such  meeting  for  such  candidates  or  for  and  against  any 
such  proposition  or  question; 

Sixth,  The  date  of  such  meeting; 

Seventh,  The  city  or  town,  and  the  number  of  the  ward, 
voting-district,  or  ward  voting-district  in  which  such  meeting 
was  held. 

SEC.  13.  (As  amended  by  Chapter  1229,  Public  Laws.) 
In  all  cities  and  towns  the  packages  containing  the  ballots  for 
electors  of  president  and  vice-president,  representatives  in  con- 
gress, general  officers,  senators,  and  representatives  in  the 
general  assembly,  and  for  and  against  any  proposition  of  amend- 
ment of  the  constitution  or  question  submitted  to  the  electors 
of  the  state,  after  such  ballots  have  been  counted,  declared, 
sealed,  and  endorsed  as  hereinbefore  provided,  shall  be  de- 
livered in  person  by  the  clerk  of  such  meeting  to  the  state 
returning-board  within  forty-eight  hours  after  they  have  been 
sealed.  Upon  the  receipt  of  said  packages  the  secretary  of 
said  returning-board  shall  give  to  the  person  so  delivering  them 
a  certificate  of  such  delivery,  on  presentation  of  which  to  thf 


MANUAL    OF    ELECTION    LAWS.  H 

town  or  city  council  such  person  shall  be  paid  ten  cents  for  each 
mile's  travel  to  and  from  the  office  of  the  said  returning-board, 
to  be  computed  from  the  place  of  voting. 

SEC.  14.     (As   amended   by  Chapter   1229,   Public   Laws.)   ?ff  faiiotf  S 

,     .  in  cities  other 

In  cities   other  than  the   city  of  Providence,   and   in  towns  than  Provi- 
dence and 
divided    into    voting-districts,    the    packages    containing    the  |{J™0<J}Jided 

ballots  cast  at  any  such  meeting  for  city  and  town  officers,  and  districts- 
voting-district,  ward,  and  ward-voting-district  officers,  and  for 
and  against  any  question  submitted  to  the  electors  of  such  city 
or  town,  after  such  ballots  have  been  counted,  recorded,  sealed, 
and  endorsed  as  hereinbefore  provided,  shall  be  delivered  in 
person  by  the  clerk  of  such  meeting  to  the  clerk  of  the  city  or 
town  where  such  meeting  was  held  within  twelve  hours  after 
such  sealing  is  done. 

SEC.  15.  In  the  city  of  Providence  the  packages  containing  .£j*J.JJf  Provi' 
the  ballots  described  in  section  14  of  this  act,  given  in  at  any 
such  meeting,  after  such  ballots  have  been  counted,  recorded, 
sealed,  and  endorsed  as  hereinbefore  provided,  shall  be  de- 
livered in  person  by  the  clerk  of  such  meeting  to  the  board  of 
canvassers  and  registration  within  twelve  hours  after  such 
sealing  is  done. 

SEC.  16.     Repealed  by  Chapter  1229,  Public  Laws. 

SEC.  17.  In  cities  other  than  the  city  of  Providence,  and 
in  towns  divided  into  voting-districts,  ward  and  district  meet-  e 
ings  held  therein  respectively  for  the  election  of  city,  town, 
ward,  and  voting-district  officers,  or  of  any  of  them,  shall  at 
the  time  of  closing  the  polls  therein  prescribed  by  law  stand 
adjourned  to  the  seventh  day  next  from  and  after  the  day  so 
appointed  unless  the  said  seventh  day  shall  fall  on  a  holiday, 
and  in  that  event  to  the  day  following  said  holiday,  with  like 
adjournment  therefrom.  Provided,  however,  that  in  Westerly 
and  Hopkinton  there  shall  be  no  election  held  on  Saturday? 
and  if  the  day  of  any  such  adjournment  fall  on  Saturday  the 
meeting  shall  stand  adjourned  to  the  Monday  following. 


12 


MANUAL    OF    ELECTION   LAWS. 


Of  re-opening 
polls  in  towns 
pot  divided 
into  voting-dis- 
tricts. 


Boards  and 
town  councils 
to  count  cer- 
tain ballots  on 
the  day  after 
election. 


Who  may  be 
allowed  to 
scrutinize  the 
counting  of 
ballots. 


SEC.  18.  •  If  in  any  case  in  a  town  not  divided  into  voting- 
districts  there  shall  be  no  election  of  the  town  officers  voted 
for  who  are  required  to  be  elected  by  the  people,  or  of  any  of 
them,  the  polls  may  be  re-opened  and  the  like  proceedings  shall 
be  had  until  an  election  takes  place.  In  such  towns,  after  the 
declaration  of  the  result  of  the  voting  for  town  officers,  the 
town  clerks  shall  give  certificates  of  their  election  to  the  persons 
elected  town  officers. 

SEC.  19.  (As  amended  by  Chapter  1229,  Public  Laws.) 
In  the  city  of  Providence  the  board  of  canvassers  and  regis- 
tration, and  in  the  cities  other  than  the  city  of  Providence  and 
in  towns  divided  into  voting-districts  the  boards  of  aldermen 
and  town  councils,  shall  be  in  session  on  the  day  following  any 
election  for  city,  town,  ward,  and  voting-district  officers,  or 
for  any  of  them,  and  shall  in  open  meeting  count  the  ballots 
given  in  at  such  election  and  declare  the  result  thereof,  and  the 
clerks  of  such  boards  and  councils  shall  make  a  record  thereof. 
The  several  city  and  town  clerks  shall  forthwith  after  such 
declaration  give  certificates  of  their  election  to  the  persons 
declared  elected. 

SEC.  20.  The  several  boards  and  councils  named  in  section 
19  of  this  act  shall,. at  the  counting  of  the  ballots  provided  for 
therein,  admit  two  republicans  and  two  democrats  within  the 
space  reserved  for  such  counting,  and  allow  them  to  scrutinize 
said  counting  under  such  reasonable  restrictions  as  may  be 
prescribed  by  such  boards  and  councils.  Each  of  such  repub- 
licans and  democrats  shall  be  authorized  in  writing,  by  the 
chairman  of  the  city  or  town  committee  of  the  political  party 
to  which  he  belongs.  The  provisions  of  this  section  shall  not 
be  construed  to  prevent  said  boards  or  councils  from  admitting, 
in  their  discretion,  other  persons  within  said  reserved  space 
during  such  counting. 

SEC.  21.     Repealed  by  Chapter  1229,  Public  Laws. 

SEC.  22.     No  package  of  ballots,  after  having  been  sealed 


MANUAL    OF    ELECTION    LAWS.  13 

as  provided  in  section  9  of  this  act,  shall  thereafter  be  opened 


by  any  moderator,  warden,  or  clerk,  or  by  any  other  person   gTiptn^d  ex- 

.,       cept  by  whom. 

upon  any  pretence  whatever,  except  by  the  boards  or  councils 
authorized  by  law  to  count  the  same  and  at  the  time  provided 
for  such  counting.  Any  person  who  shall  willfully  violate  any 
of  the  provisions  of  this  section  shall  be  fined  not  more  than  one 
thousand  dollars  or  be  imprisoned  not  more  than  three  years  t 
or  both. 

SEC.  23.     The  secretary  of  state  shall  at  the  expense  of  the 


state  procure  for  use  at  all  elective  meetings  held  therein  a  £y?he  secSed 

sufficient  supply  of  suitably  strong   cord  and   twine  and  of 

paper  for  enclosing  the  ballots,  and  also  of  adhesive  labels 

not  less  than  four  inches  in  length  and  two  and  one-quarter 

inches  in  width,  for  use  in  complying  with  the  provisions  of 

section  9  of  this  act.      He  shall  also  for  use  at  all  meetings  held 

therein  for  the  election  of  electors  of  president  and  vice-president 

of    the    United    States,    representatives    in    congress,    general 

officers,  and  senators  and  representatives  in  the  general  assem- 

bly, or  for  voting  upon  propositions  or  questions  submitted 

to  the  electors  of  the  state,  have  printed  at  such  expense,  upon 

the  paper  for  enclosing  the  ballots  or  upon  adhesive  labels  not 

less  than  six  inches  in  length  and  four  inches  in  width,  a  suffi- 

cient number  of  blank  forms  of  the  endorsement  provided  for 

in  section  10  of  this  act,  and  upon  suitable  paper  a  sufficient 

supply  of  blank  forms  of  the  certificates  provided  for  in  section 

12  of  this  act,  and  shall  furnish  to  the  city  or  town  clerk  of  each 

city  and  town,  at  least  ten  days  before  the  day  for  holding  such 

meetings,  an  ample  quantity  of  each  of  the  articles  named  in  this 

section  for  use  at  all  meetings  to  be  held  in  such  city  or  town. 

SEC.  24.     The  several  city  and  town  clerks  shall  at  the  ex-  city  and  town 

clerks  to  fur- 

pense  of  their  respective  cities  and  towns  procure  for  use  at  suppnestain 
meetings  held  therein  for  the  election  of  city,  town,  ward,  and 
district  officers  a  sufficient  supply  of  blank  forms  of  the  en- 
dorsement provided  for  in  section  10  of  this  act,  printed  upon 


MANUAL    OF    ELECTION    LAWS. 

adhesive  labels  not  less  than  six  inches  in  length  and  four 
inches  in  width,  or  upon  strong  paper  of  suitable  size  for  en- 
closing the  ballots  as  provided  in  section  9  of  this  act,  and  of 
the  certificates  provided  for  in  section  12  of  this  act;  and  shall 
seasonably  furnish  at  each  voting-place  therein,  on  the  day  of 
every  election  held  thereat,  an  ample  quantity  of  each  of  the 
articles  named  in  this  section,  and  of  the  articles  provided  in 
section  23  of  this  act,  to  be  furnished  to  him  by  the  secretary 
of  state, 
point  some  offi-  SEC.  25.  Every  clerk  upon  whom  is  imposed  by  this  act 

cer  to  deliver 

ballots,  when.  ^ne  duty  of  delivering  any  package  of  ballots  may  appoint  in 
writing  some  officer  of  the  city  or  town  where  he  resides  to 
deliver  such  package  in  his  stead,  in  case  of  his  sickness  or 
absolute  inability  to  deliver  the  same  in  person. 

St0sr"8andal"          SEC-  26-     Wherever  in  this  act  the  word  "ballots"  or  the 
strued.  word  " votes  "  is  used  it  shall  be  construed  to  mean  the  evi- 

dence of  the  intent  of  the  voters  as  shown  by  the  tally-sheets 
or  records  made  upon  paper  by  any  voting-machine  used  in  the 
election  of  officers  or  in  voting  upon  any  proposition  or  question. 
i^-ddiltricv;         SEC-  27-     Tne  words   "voting-district"  shall  be  construed 
and  "olefk"      to  include  ward  voting-districts,  the  word  "warden"  ward- 

construed. 

district  wardens,  and  the  word  "clerk"  ward-district  clerks, 
wherever  used  in  this  act,  and  the  duties  imposed  upon  wardens 
and  clerks  by  this  act  are  hereby  imposed  upon  ward-district 
wardens  and  ward-district  clerks. 

SEC.  28.     Every  city  or  town  clerk  who  shall  neglect  or 
certificates  of    refuse  to  furnish  any  city,  town,  ward,  or  voting-district  officer 

election. 

elect  with  a  proper  certificate  of  his  election  as  soon  as  may  be 
thereafter  shall  be  fined  not  less  than  fifty  dollars  nor  more 
than  five  hundred  dollars,  or  be  imprisoned  not  exceeding  six 
months,  either  or  both,  at  the  discretion  of  the  court  which 
shall  try  such  offender, 
penalty  for  SEC.  29.  Every  moderator,  warden,  or  clerk  who  shall 

neglect  to 

et<?nba?iotsup'    neglect  to  count  the  ballots  or  to  declare  the  result  thereof  as 


MANUAL    OF    ELECTION    LAWS. 

provided  in  this  act  or  to  seal  up  the  ballots  at  the  time  and  in 
the  manner  provided  therein,  or  who  shall  knowingly  seal  up 
only  a  part  of  the  ballots,  or  who  shall  willfully  neglect  to 
enclose  in  the  package  with  the  ballots  the  certificate  provided 
for  in  section  12  hereof  or  to  make  and  sign  the  record  in  the 
book  kept  for  that  purpose,  shall  be  fined  not  less  than  fifty 
dollars  nor  more  than  three  thousand  dollars,  or  be  imprisoned 
not  more  than  three  years,  or  both,  in  the  discretion  of  the  court 
before  which  such  offender  shall  be  tried. 

SEC.  30.  Every  moderator  or  warden  who  shall  neglect  to 
take,  keep,  or  deliver  the  record-book  of  any  elective  meeting  Serks.ns' aE 
to  the  officer  in  the  manner  or  at  the  time  provided  in  this  act, 
and  every  clerk  who  shall  neglect  to  make  the  endorsement 
upon  any  package  of  ballots  or  to  deliver  such  package  as  so 
provided,  and  every  officer  authorized  by  any  clerk  to  deliver 
any  package  of  ballots  in  his  stead  who  shall  neglect  to  deliver 
the  same  to  the  proper  person  or  within  the  time  so  provided, 
and  every  city  or  town  clerk  who  shall  neglect  to  provide  at 
each  voting-place  in  the  city  or  town  of  which  he  is  clerk  an 
ample  supply  of  the  articles  named  in  section  24  of  this  act,  or 
of  any  of  them,  shall  be  fined  not  less  than  twenty  dollars  nor 
more  than  one  thousand  dollars,  or  be  imprisoned  not  more 
than  one  year,  or  both,  in  the  discretion  of  the  court  before 
which  such  offender  shall  be  tried. 

SEC.  31.  Chapter  10  of  the  General  Laws  is  hereby  re- 
pealed, and  all  provisions  of  any  special  law  in  relation  to  any 
city  or  town  and  of  any  of  the  General  Laws  or  of  the  Public 
Laws  inconsistent  herewith  are  hereby  repealed  so  far  as  they 
apply  to  the  conduct  of  elections  held  for  any  of  the  officers 
or  for  voting  upon  any  proposition  or  question  named  in  this 
act,  and  .this  chapter  shall  take  effect  immediately. 


16  MANUAL  OP  ELECTION  LAWS. 

CHAPTER  11  OF  THE  GENERAL  LAWS. 
Of  Elections  by  Secret  Ballot. 


Ballots  used  at       SECTION  1.     (As  amended  by  Chapter  1229.  Public  Laws.) 

state  elections, 

0  be  fur"  For  all  elections  of  electors  of  president  and  vice-president  of 


the  United  States,  representatives  in  the  congress  of  the  United 
States,  general  officers  of  the  state,  and  members  of  the  general 
assembly,  the  nominations  for  such  offices  shall  be  printed  on  one 
ballot  together  with  any  proposed  amendment  to  the  constitution 
of  the  state  or  other  question  submitted  to  the  electors  of  the 
state.  The  printing  of  such  ballots  and  the  instruction-sheets 
hereinafter  provided,  and  the  delivery  of  them  to  the  several 
cities  and  towns,  shall  be  paid  for  by  the  state.  The  dis- 
tribution of  the  ballots  to  the  voters  shall  be  paid  for  by  the 
cities  and  towns,  respectively. 

SEC-  2-     A11  ballots  cast  in  elections  by  the  people  of  the 
several  cities  (not  including  towns)  for  mayor,  other  general 

questions,  how 

furnished.  city  officers  and  members  of  the  school  committee,  for  members 
of  the  city  council,  and  for  ward  or  voting-district  officers  in 
any  city,  or  on  any  question  submitted  to  the  vote  of  the  electors 
of  any  city,  shall  be  printed  and  distributed  at  the  expense  of 
such  city,  as  hereinafter  provided. 

fion°oftownec  SEC.  %>  In  elections  by  the  people  of  the  several  towns 
furn?shed°w  (not  including  cities)  which  have  adopted,  or  shall  adopt,  the 
system  of  voting  provided  by  this  chapter,  all  ballots  cast  for 
officers  who  are  elected  by  the  people  of  such  towns  respec- 
tively, members  of  the  school  committee,  and  voting-district 
officers,  shall  be  printed  and  distributed  at  the  expense  of  such 
towns,  as  hereinafter  provided. 


MANUAL    OF    ELECTION   LAWS. 
NOMINATION    OF    CANDIDATES   IN    CONVENTION    OR    CAUCUS. 

SEC.  4.  Any  convention  of  delegates  representing  a  political 
party  which,  at  the  election  next  preceding,  polled  at  least  two 
per  centum  of  the  entire  vote  cast  in  the  state,  may  for  the 
state  make  one  nomination  for  each  office  mentioned  in  section 
1  of  this  chapter,  therein  to  be  filled  at  the  election,  and  any 
convention  of  delegates  or  caucus  representing  a  political  party 
which  at  the  election  next  preceding  polled  at  least  two  per 
centum  of  the  entire  vote  in  any  congressional  district,  city  or 
town,  may,  for  the  district,  city  or  town,  make  one  nomination 
for  each  office  mentioned  in  said  section  1,  therein  to  be  filled 
at  the  election,  by  causing  a  certificate  of  nomination  to  be 
duly  filed,  as  hereinafter  provided.  Every  such  certificate  of 
nomination  shall  state  such  facts  as  are  required  for  its  accept- 
ance by  this  section  and  by  section  14  of  this  chapter. 

SEC.  5.     Any  convention  of  delegates  representing  a  political  ^owtJbe1"8' 
party  which,  at  the  election  next  preceding,  polled  at  least  two 


per  centum  of  the  entire  vote  cast  in  the  city  for  which  the 
nomination  is  made,  he^d  in  any  such  city,  and  any  caucus  of 
such  a  political  party,  held  in  any  such  city,  for  the  nomina- 
tion of  general  city  officers,  or  school  committee,  or  in  any  ward 
or  voting-district,  in  such  city,  for  the  nomination  of  officers 
to  be  chosen  by  the  voters  of  such  ward  or  voting-district,  may, 
for  the  city,  ward,  or  voting-district  for  which  the  convention 
or  caucus  is  held,  as  the  case  may  be,  by  causing  a  certificate 
of  nomination  to  be  duly  filed,  make  one  such  nomination  for 
each  office  therein  to  be  filled  at .  the  election.  Every  such 
certificate  of  nomination  shall  state  such  facts  as  are  required 
for  its  acceptance  by  this  section  and  by  section  14  of  this 
chapter. 

SEC.  6.     Any  convention  of  delegates  representing-  a  political  Town  officers, 
party  which,  at  the  election  next  'preceding,  polled  at  least 
two  per  centum  of  the  entire  vote  cast  in  the  town  for  which  c 


MANUAL    OF    ELECTION    LAWS. 

the  nomination  is  made,  held  in  any  such  town,  and  any  caucus 
of  such  a  political  party,  held  in  any  such  town,  for  the  nomi- 
nation of  the  officers  referred  to  in  section  3  of  this  chapter,  as 
the  case  may  be,  by  causing  a  certificate  of  nomination  to  be 
duly  filed,  may  make  one  such  nomination  for  each  office  therein 
to  be  filled  at  the  election.  Every  such  certificate  of  nomina- 
tion shall  state  such  facts  as  are  required  for  its  acceptance  by 
this  section  and  by  section  14  of  this  chapter. 

[Section  1,  Chapter  1059,  Public  Laws,  provides:  "  Wherever 
the  words  'political  party'  are  used  in  sections  4,  5,  and  6  of 
Chapter  11  of  the  General  Laws,  they  shall  be  construed  to  mean 
a  political  party  which  at  the  next  preceding  annual  election  of 
state  officers  cast  for  its  candidate  for  governor  at  least  two  per 
centum  of  all  the  votes  cast  in  the  state  for  that  officer. "] 

NOMINATION    OF    CANDIDATES    BY    INDIVIDUAL    VOTERS. 

General  officers       SEC.  7.     Nominations  of  candidates  for  any  offices  to  be 

may  be  norm-  J 

elector?50  filled  by  the  voters  of  the  state  at  large,  or  of  a  congressional 
district,  may  be  made  by  nomination-papers  signed  in  the 

tivesTnecon-       aggregate  for  each  candidate  by  not  less  than  five  hundred 

factors. 25(  qualified  voters  of  the  state  in  the  case  of  a  state  office,  and 
two  hundred  and  fifty  in  the  case  of  a  representative  in  congress. 

5nSc?tTebslyb?Too  SEC.  8.  Nominations  of  candidates  for.  members  of  the 
general  assembly  in  any  city  may  be  made  by  nomination- 
papers  signed  by  one  hundred  qualified  voters  of  such  city. 

inStown1syibyI5o  ^EC.  ®'  Nominations  of  candidates  for  members  of  the 
general  assembly  in  any  town  may  be  made  by  nomination- 
papers  signed  by  fifty  qualified  voters  of  such  town. 

SEC.   10.     Nominations    of    candidates    for    any    municipal 


offices  to  be  filled  by  the  voters  of  any  city  at  large  may  be 
made  by  nomination-papers  signed  in  the  aggregate  for  each 
candidate  by  not  less  than  one  hundred  qualified  voters  of 
such  city. 


MANUAL    OF    ELECTION    LAWS. 

SEC.  11.  Nominations  of  candidates  for  any  municipal 
offices  to  be  filled  by  the  voters  of  any  town  at  large  (not  in- 
cluding cities)  may  be  made  by  nomination-papers  signed  in 
the  aggregate  for  each  candidate  by  not  less  than  fifty  qualified 
voters  of  such  town. 

SEC.    12.      (As  amended  by  Chapter  1059,  Public  Laws.)   W|.rddi8?rnictoffi- 
Nominations  of  candidates  for  offices  to  be  filled  by  the  voters  and  towns  by 

50  electors. 

of  any  ward  or  voting-district  of  any  city  or  town  may  be  made 
by  nomination-papers  signed  in  the  aggregate  for  each  can- 
didate by  not  less  than  fifty  qualified  voters  of  such  ward  or 
voting-district. 

SEC.  13.     Each  voter  signing  a  nomination-paper  shall  add  natS^papers1 

as  to  signers, 

to  his  signature  his  place  of  residence,  and  each  voter  may 


subscribe  to  one  nomination  for  each  office  to  be  filled  and  no  JSMSttciiof 
more.  The  nomination-papers  shall,  before  being  filed,  be 
respectively  submitted  to  the  city  or  town  clerks  of  cities  or 
towns  in  which  the  signers  purport  to  be  qualified  voters,  and 
each  city  or  town  clerk  to  whom  the  same  is  submitted  shall 
forthwith  certify  thereon  what  number  of  the  signatures  are 
names  of  qualified  voters  in  the  city  or  town  for  which  he  is 
clerk. 

CERTIFICATES    OF    NOMINATION    AND    NOMINATION-PAPERS. 

SEC.  14.  Every  certificate  of  nomination  and  every  nomina- 
tion-paper shall,  besides  containing  the  names  of  candidates, 
specify  as  to  each:  (1)  the  office  for  which  he  was  nominated;  Candidates.0 
(2)  the  party  or  political  principle  which  he  represents,  ex- 
pressed in  not  more  than  three  words:  Provided,  that  in  such 
expression  the  words  "Republican"  or  "Democrat"  shall  not 
be  combined  with  any  other  word  or  words;  and  (3)  his  place 
of  residence  with  street  and  number  thereon,  if  any.  And  in 
the  case  of  electors  of  president  and  vice-president  of  the  United 
States,  the  names  of  the  candidates  for  president  and  vice- 
president  may  be  added  to  the  party  or  political  appellation. 


20 


MANUAL    OF    ELECTION   LAWS. 


SominaUonS°to       SEC.   15.     Every  certificate  of  nomination  shall  be  signed 

cated.  by  the  presiding  officer,  and  by  the  secretary  or  clerk,  of  the 

caucus  or  convention  by  which  the  nominations,  thereby  cer- 

tified, were  made,  and  each  of  said  officers  shall  add  thereto 

his  place  of  residence;   and  the  officers  signing  said  certificate 

shall  swear  that  the  statements  contained  in  the  same  are  true 

to  the  best  of  their  knowledge,  information  and  belief,  and 

a  jurat  of  said  oath  shall  be  affixed  to  said  certificate  by  the 

officer  before  whom  said  oath  was  made. 

noSinatkSs^        SEC.   16.     (As  amended  by  Chapter   812,  section  1,  Public 

and  nomina-        T  . 

tion-papers,  to  Laws.)     Certificates  of  nomination  and  nomination-papers  for 

be  filed  when. 

officers  referred  to  in  section  1  of  this  chapter  shall  be  filed  at 
least  twenty  days,  and  such  certificates  and  papers  for  officers 
referred  to  in  sections  2  and  3  of  this  chapter  shall  be  filed  at 
least  fifteen  days,  previous  to  the  day  of  the  election  for  which 
the  candidates  are  nominated,  and  may  be  filed  by  any  person 
lawfully  in  possession  of  the  same  for  that  purpose. 
maydwuhdraw,  SEC-  17-  (As  amended  by  chapter  812,  Public  Laws.)  Any 

how  and  when; 

but  nomina-       person  whose  name  has  been  presented  as  a  candidate  for  any 

tions  published 

?emaPin"SvaHdto  office  mentioned  in  section  1  of  this  chapter  may  cause  his  name 
to  be  withdrawn  from  nomination,  by  request  in  writing  signed 
by  him  and  acknowledged  before  any  officer  qualified  to  take 
acknowledgments  of  deeds,  and  filed  with  the  secretary  of 
state,  at  least  eighteen  days  previous  to  the  day  of  the  election 
for  which  such  candidate  was  nominated;  and  any  person 
whose  name  has  been  presented  as  a  candidate  for  any  office 
referred  to  in  sections  2  and  3  of  this  chapter  may  cause  his 
name  to  be  withdrawn  from  nomination,  by  request  in  writing 
signed  and  acknowledged  as  aforesaid,  and  filed  with  the  city 
clerk  or  town  clerk  of  the  city  or  town,  respectively,  in  which, 
or  in  any  ward  or  voting-district  of  which,  the  election  of  can- 
didates for  said  last-mentioned  office  is  to  be  held,  at  least 
thirteen  days  previous  to  the  day  of  the  election  for  which  such 
candidate  was  nominated.  No  name  so  withdrawn  shall  be 


MANTJAL    OF    ELECTION    LAWS.  21 

printed  upon  the  ballots;  but  no  nomination  which  is  actually 
published  and  posted  as  provided  in  this  chapter  shall  be  sub- 
sequently omitted  as  invalid. 

SEC.  18.     Whenever  any  candidate  shall  have  withdrawn  as   wSrawa^or 
herein  provided,  or  whenever  any  candidate,  duly  nominated,   dates,  howTo  l~ 

be  filled,  and 

shall  die,  the  vacancy  may  be  supplied  by  the  political  party,     ^hin  what 


or  other  persons,  making  the  nomination,  by  the  nomination  of 
another  candidate  in  the  same  manner  hereinbefore  provided, 
or,  if  there  is  not  sufficient  time,  in  such  manner  as  such  party 
may  have  before  provided  by  a  vote  of  the  convention  or 
caucus  thereof,  or,  if  there  has  been  no  such  vote,  in  such  man- 
ner as  the  executive  committee,  or  other  general  committee 
representing  such  party  for  the  state,  district,  city  or  town, 
ward  or  voting-district,  as  the  case  may  be,  shall  provide,  said 
nomination  to  be  filed  in  manner  hereinbefore  provided. 
SEC.  19.  Certificates  of  nomination  and  nomination-papers,  certificates  of 

x     i         '    nominations, 

and  requests  for  withdrawal  of  the  name  of  any  candidate,  pajers^re-11 
and  nominations  in  substitution  of  candidates  so  withdrawing,   drawai,°and 

certificates  for 

relating  to  any  of  the  offices  mentioned  in  section  1  of  this 
chapter,  shall  be  filed  with  the  secretary  of  state,  or  in  his 
office  with  some  person  there  present  and  officially  representing' 
him;  and  certificates  of  nomination  and  nomination-papers, 
and  requests  for  withdrawal  of  the  name  of  any  candidate, 
and  nominations  in  substitution  of  candidates  so  withdrawing, 
relating  to  any  of  the  offices  referred  to  in  sections  2  and  3  of 
this  chapter,  shall  be  filed  with  the  city  clerk  or  town  clerk  of 
the  city  or  town,  respectively,  in  which,  or  in  any  ward  or 
voting-district  of  which,  the  election  of  candidates  for  said 
last-mentioned  offices  is  to  be  held,  or  shall  be  filed  in  the  office 
of  such  city  clerk  or  town  clerk  with  some  person  there  present 
and  officially  representing  him. 

SEC.  20.  All  certificates  of  nomination  and  nomination- 
papers,  and  all  requests  for  withdrawal  of  the  name  of  any 
candidate,  and  all  nominations  in  substitution  of  candidates  so 


22 


MANUAL    OF    ELECTION    LAWS. 


Of  voting  in 
case  of  candi- 
date dying  too 
late  for  new 
nomination. 


Ballots,  how 
prepared,  and 
what  to  con- 
tain. 


withdrawing,  when  filed,  shall  be  open,  under  proper  regula- 
tions, to  public  inspection,  and  the  secretary  of  state,  city 
clerks  and  town  clerks,  respectively,  shall  preserve  the  same  in 
their  respective  offices  not  less  than  one  year. 

SEC.  21.  In  case  any  candidate  shall  die  before  the  election? 
but  too  late  for  a  new  nomination  to  be  printed  on  the  ballots , 
the  voters  may  vote  for  any  other  person  for  the  same  office 
by  substituting  the  name  of  such  other  person  in  the  blank 
space  on  said  ticket  and  placing  a  cross  at  the  right  of  said 
name. 

SEC.  22.  (As  amended  by  Chapter  1229,  Public  L.aws.) 
Every  ballot  printed  in  accordance  with  the  provisions  of  this 
chapter  shall  contain  the  names  of  all  candidates  whose  nomi- 
nations for  any  offices  specified  in  the  ballot  have  been  duly 
made  and  not  withdrawn  in  accordance  herewith,  and  shall 
contain  no  other  names  except  the  surnames  of  candidates  for 
president  and  vice-president  of  the  United  States.  The  names 
of  all  such  candidates  and  the  offices  for  which  they  are  nomi- 
nated shall  be  arranged  on  the  ballot  in  perpendicular  columns, 
one  column  being  assigned  to  each  political  party  making 
'nominations  by  convention,  caucus,  or  nomination-papers  in 
accordance  with  the  provisions  of  this  chapter:  Provided, 
however,  that  in  case  only  a  partial  list  of  candidates  is  nomi- 
nated by  any  political  party  other  than  the  republican  or 
democratic  party,  two  or  more  such  lists  may  be  arranged 
whenever  practicable  in  the  same  column. 

The  first  column  on  the  left-hand  side  of  every  ballot  printed 
in  accordance  with  the  provisions  of  this  chapter  shall  contain 
only  the  names  of  the  nominees  of  the  republican  party;  the 
second  column  only  those  of  the  democratic  party;  and  the 
order  of  such  other  nominations  as  may  be  made  shall  be  deter- 
mined by  the  official  whose  duty  it  is  to  prepare  the  ballots. 
At  the  top  of  each  column  or  list,  immediately  above  the  title 
of  the  first  office  to  be  voted  for,  there  shall  be  printed  in  capital 


MANUAL    OF    ELECTION    LAWS.  23 

letters  not  less  than  one-fourth  of  an  inch  in  height  the  name 
of  the  political  party  by  which  the  candidates  in  such  column 
were  nominated.  In  case  a  nomination  is  made  by  nomination- 
papers,  the  words  "nom.  papers"  shall  be  added  to  the  party 
name. 

Above  such  party  name  shall  be  printed  a  circle  not  less 
than  seven-eighths  of  an  inch  in  diameter,  and  such  circle  shall 
be  surrounded  by  the  following  words  printed  in  plain  letters: 
'Tor  a  straight  ticket  make  a  cross  (X)  within  the  circle.'7 
Above  each  circle  shall  be  printed  an  emblem  or  device  desig- 
nating or  distinguishing  the  political  party  whose  nominations 
have  been  assigned  to  that  column.  Such  emblem  or  device 
of  the  republican  party  shall  be  the  representation  of  an  eagle, 
and  such  emblem  or  device  of  the  democratic  party  shall  be 
the  representation  of  a  star.  The  emblem  or  device  desig- 
nating or  distinguishing  any  other  political  party  whose  nomi- 
nations may  now,  or  from  time  to  time,  be  entitled  to  be  placed 
upon  the  ballot  shall  be  selected  by  the  secretary  of  state  and 
be  printed  upon  the  ballot  above  the  column  assigned  to  the 
nominations  of  such  party:  Provided,  however,  that  the  em- 
blem or  device  shall  be  entirely  different  for  each  political 
party,  and  may  be  any  appropriate  symbol;  but  neither  the 
•coat  of  arms  or  seal  of  any  state  or  of  the  United  States,  the 
national  flag,  any  religious  emblem  or  symbol,  the  seal  of  any 
society,  the  portrait  of  any  person,  or  the  representation  of  a 
•coin  or  of  the  currency  of  the  United  States,  shall  be  chosen 
as  a  distinguishing  emblem.  Whenever  any  emblem  or  device 
has  been  selected  by  the  secretary  of  state,  and  used  upon 
official  ballots  for  any  political  party,  it  shall  not  thereafter 
be  so  used  for  any  other  political  party. 

In  each  column  the  names  of  the  candidates,  their  residence 
together  with  the  street  and  number  if  any,  shall  be  placed  im- 
mediately below  the  title  of  the  office  for  which  they  are  nomi- 
nated, and  at  the  right  of  the  name  of  each  candidate  and  on 


24  MANUAL    OF    ELECTION    LAWS. 

the  same  line  there  shall  be  a  square  so  printed  as  to  give  the 
voter  an  opportunity  to  designate  by  a  cross  (X)  therein  his 
choice  of  candidates;  except  that  in  case  of  candidates  for 
electors  of  president  and  vice-president  of  the  United  States 
one  square  shall  suffice  for  each  group  of  such  candidates. 
Above  the  last  or  right-hand  column  of  each  ballot  there  shall 
be  no  circle  or  device,  but  there  shall  be  printed  in  such  column 
in  the  regular  order  the  title  of  each  office  to  be  voted  for;  as 
"  For  Governor, "  "  For  Senator, "  and  the  like,  and  beneath  each 
title  there  shall  be  left  as  many  blank  lines  as  there  are  persons 
to  be  elected  to  such  office. 

On  ballots  provided  for  elections  mentioned  in  section  1  of 
this  chapter  the  various  offices  to  be  voted  for  shall  be  arranged 
in  each  column  in  the  following  order:  First,  electors  of 
president  and  vice-president  of  the  United  States;  second, 
representative  in  the  congress  of  the  United  States;  third, 
governor;  fourth,  lieutenant-governor;  fifth,  secretary  of 
state;  sixth,  attorney-general;  seventh,  general  treasurer; 
eighth,  senator  in  the  general  assembly;  ninth,  representative 
or  representatives  in  the  general  assembly.  On  ballots  pro- 
vided for  elections  mentioned  in  sections  2  and  3  of  this  chapter 
the  offices  to  be  voted  for  shall  be  arranged  in  each  column  by 
the  city  or  town  clerk. 

Whenever  a  constitutional  amendment  or  other  question  is 
submitted  to  the  vote  of  the  electors  of  the  state  such  amend- 
ment or  question  shall,  if  candidates  for  office  are  to  be  voted 
for  at  the  same  time,  be  printed  upon  the  ballot  after  or  beneath 
the  lists  of  candidates,  and  the  same  arrangement  shall  be 
followed  on  ballots  used  in  elections  for  officers  named  in  sec- 
tions 2  and  3  of  this  chapter,  whenever  a  question  is  submitted 
to  the  electors  of  a  city  or  town  at  such  elections.  The  ballots 
shall  be  so  printed  as  to  give  to  each  voter  an  opportunity  to 
designate  by  a  cross-mark  (X)  in  a  square  his  answer  to  the 
question  submitted. 


MANUAL    OF    ELECTION    LAWS.  25 

All  ballots  provided  by  the  secretary  of  state  under  the  pro- 
visions of  this  chapter  shall  be  printed  on  plain  white  paper  of  a 
quality  approved  by  him,  and  there  shall  be  no  mark  or  im- 
pression to  distinguish  one  ballot  from  another.  The  names  of 
all  candidates  shall  be  printed  thereon  in  uniform  type. 

SEC.  23.     Before  distribution  the  ballots  shall  be  folded  so  f0f^^db|n. 
that  no  printing  shall  appear  except  the  endorsement,  which  d 
shall  be  printed  on  the  back  and  outside,  OFFICIAL  BALLOT  FOR, 
followed  by  the  designation  of  the  polling-place  for  which  the 
ballot  is  prepared,  the  date  of  the  election,  and  a  fac-simile 
of  the  signature  of  the  secretary  of  state,  city  clerk  or  town 
clerk,  respectively,  who  has  caused  the  ballots  to  be  so  printed 
and  folded. 

SEC.  24.     All  nominations  for  offices  to  be  voted  for  in  ac- 


cordance  with  the  provisions  of  this  chapter,  at  any  election        toe  used 

by  registry  and 

mentioned  in  sections  2  and  3  thereof,  by  any  one  elector,  shall  by  property 

voters,  how 

be  printed  on  one  ballot  which  shall  have  printed  on  the  back   distinguished. 

and  outside  the  words  CITY  OFFICERS,  or  TOWN  OFFICERS,  as 

the  case  may  be:     Provided,  that  special  ballots,  containing  the 

nominations  for  members  of  the  city  council,  in  addition  to  the 

nominations  for  offices  which  can  be  voted  for  by  voters  quali- 

fied to  vote  by  registry  at  any  election  mentioned  in  section 

2  of  this  chapter,  shall  be  printed  for  the  use  of  such  electors 

only  as  are  qualified  to  vote  for  members  of  the  city  council. 

Said  special  ballots  shall  be  printed  on  paper  of  a  different 

color  from  that  of  the  other  official  ballots  or  the  specimen- 

ballots,  and  shall  have  printed  on  the  back  and  outside  the 

additional  word  COUNCIL,  and  shall  be  given  by  the  supervis- 

ors to  such  electors  only  as  are  qualified  to  vote  for  members 

of  the  city  council. 

SEC.  25.     All  ballots  when  printed  shall  be  folded  as  here-  p^p^pack- 
inbefore  provided  and  put  up  in  packages  of  one  hundred  each.   tfch,0and°ac- 
A  record  of  the  number  of  ballots  printed  and  furnished  to  each 
polling-place  shall  be  kept  and  preserved  by  the  secretary  of 


26 


MANUAL    OF    ELECTION    LAWS. 


Ballots,  num- 
ber of  to  be 
furnished. 


Instruction- 
sheets  and 


pared  for  the 
guidance  of 
voters. 


state,  or  the  city  or  town  clerk,  respectively,  furnishing  the 
same. 

SEC.  26.  (As  amended  by  Chapter  1229,  Public  Laws.) 
There  shall  be  provided  for  each  voting-place  at  which  an 
election  is  to  be  held  not  less  than  sixty  ballots  for  every  fifty 
and  every  fraction  of  fifty  qualified  voters  therein;  and  it  shall 
be  the  duty  of  the  city  or  town  clerk  in  each  city  or  town  in 
which  an  election  for  any  of  the  officers  mentioned  in  the  first 
section  of  this  chapter  is  to  be  held  to  certify  to  the  secretary 
of  state,  fourteen  days  previous  to  any  such  election,  the  num- 
ber, as  near  as  possible,  of  voters  then  qualified  to  vote  at  each 
voting-place  of  such  city  or  town.  It  shall  be  the  duty  of  the 
secretary  of  state  to  provide  said  ballots  for  any  election  men- 
tioned in  section  1  of  this  chapter;  and  it  shall  be  the  duty  of 
the  city  clerk  and  town  clerk  of  the  several  cities  and  towns  to 
provide  said  ballots  for  any  election  mentioned  in  section  2 
and  section  3  of  this  chapter,  respectively. 

INFORMATION   TO    VOTERS. 

SEC.  27.  For  any  election  mentioned  in  section  1  of  this 
chapter,  the  secretary  of  state,  and  for  any  election  mentioned 
in  section  2  and  section  3  of  this  chapter,  respectively,  the 
respective  city  clerk  and  town  clerk  of  the  several  cities  and 
towns,  shall  prepare  full  instructions  for  the  guidance  of  voters 
at  such  elections,  as  to  obtaining  ballots,  as  to  the  manner  of 
marking  them,  and  the  method  of  gaining  assistance,  and  as  to 
obtaining  new  ballots  in  place  of  those  accidentally  spoiled,  and 
he  shall  cause  the  same  to  be  printed  in  large,  clear  type,  on 
separate  sheets,  to  be  called  INSTRUCTION-SHEETS;  he  shall 
also  cause  to  be  printed,  in  the  same  manner,  sections  43,  44, 
45,  and  46  of  this  chapter,  which  he  shall  furnish  with  the  bal- 
lots for  use  in  each  such  election.  He  shall  also  cause  to  be 
printed  on  paper  of  a  different  color  from  that  of  the  official 
ballots,  and  without  the  fac-simile  endorsements,  ten  or  more 


MANUAL   OF    ELECTION    LAWS. 


27 


copies  of  the  form  of  the  ballot  provided  for  each  voting-place 
at  each  election  therein,  which  shall  be  called  SPECIMEN- 
BALLOTS  and  shall  be  furnished  with  the  other  ballots  provided 
for  such  voting-place. 

SEC.  28.     The  secretary  of  state  shall,  four  days  at  least 

...          ,  ~  national  or 

previous  to  the  day  of  any  election  of  national  or  state  officers,  state  elections, 

substantially  in 

transmit  to  the  city  and  town  clerks  in  each  city  and  town  in  £™  traSsnStl 
which  such  election  is  to  be  held,  printed  lists  containing  the  £ii°cXX?bJ 
names,  residences,  and  party  or  political  appellations,  of  all  state. 
candidates  nominated  as  herein  provided  for  such  election  and 
to  be  voted  for  at  each  polling-place  in  each  such  city  and  town 
respectively,  substantially  in  the  form  of  the  ballot  to  be  so 
used  therein;   and  in  case  of  any  election  of  city,  town,  ward, 
or  voting-district  officers,  the  city  clerk  or  town  clerk  shall, 
four  days  at  least  previous  to  the  day  of  such  election,  prepare 
printed  lists  containing  the  names,  residences,  and  party  or 


.          .       stantially  in 

political  appellations,  of  all  candidates  nominated  as  herein 


provided  for  such  elections,  and  to  be  voted  for  at  each  polling-  {&Jr£yortown 

place  in  such  city,  town,  ward,  or  voting-district,  as  the  case 

may  be,  substantially  in  the  form  of  the  ballot  to  be  used 

therein.     And  the  city  or  town  clerk  shall,  immediately  after 

the  reception  or  preparation,  respectively,  of  the  lists  men-  election- 

tioned  in  this  section,  cause  the  list  for  each  city,  town,  ward,  or 

voting-district,  as  the  case  may  be,  for  such  election,  to  be  con- 

spicuously posted  in  not  less  than  five  public  places  in  such  city, 

town,  ward  and  voting-district. 

SEC.  29.     (As   amended   by  Chapter    1229,   Public   Laws.) 


The  secretary  of  state  shall  send  the  ballots  -provided  by  him  State.1** 
for  any  election,  together  with  the  specimen-ballots  and  in- 
struction-sheets printed  by  him  as  herein  provided,  to  the 
several  city  and  town  clerks,  so  as  to  be  received  by  them  forty- 
eight  hours  at  least  previous  to  the  day  of  election.  The  same 
shall  be  sent  in  a  sealed  package,  with  marks  on  the  outside 
clearly  designating  the  polling-place  for  which  the  package  is 


28 


MANUAL    OF    ELECTION    LAWS. 


Ballots,  de- 
livery of,  by 
city  and  town 
clerks. 


Of  loss,  theft, 
or  destruction 
of  ballots. 


intended  and  the  number  of  ballots  enclosed;  and  the  respective 
city  and  town  clerks  shall,  on  delivery  to  them  of  such  package, 
return  receipt  therefor  to  the  secretary.  The  secretary  shall 
keep  a  record  of  the  time  when,  and  the  manner  in  which,  the 
package  is  sent,  and  shall  preserve  for  the  period  of  one  year  the 
receipt  of  the  city  and  town  clerks. 

SEC.  30.  (As  amended  by  Chapter  1229,  Public  Laws.) 
The  city  clerk  and  town  clerk  of  the  respective  cities  and  towns 
shall  send  to  the  warden  or  moderator  of  each  voting-place, 
before  the  opening  of  the  polls  on  the  day  of  election,  the  ballots 
so  prepared,  sealed,  and  marked  for  such  voting-place,  by  the 
secretary  of  state  for  any  election  mentioned  in  section  1  of 
this  chapter,  or  prepared,  sealed,  and  marked  for  such  voting- 
place  by  himself  as  such  clerk  in  like  manner  for  any  election 
mentioned  in  section  2  and  section  3  of  this  chapter,  respect- 
ively, and  a  receipt  of  such  delivery  shall  be  returned  to  him 
from  the  warden  or  moderator  present,  which  receipt,  with  a 
record  of  the  number  of  ballots  sent,  shall  be  kept  in  the  clerk's 
office.  At  the  opening  of  the  polls  in  each  voting-place  the 
seals  of  the  package  shall  be  publicly  broken,  and  the  package 
shall  be  opened  by  the  warden  or  moderator,  and  the  ballots 
shall  be  delivered  to  the  supervisors  of  election  provided  by 
law.  The  instruction-sheets  shall  be  immediately  posted  at 
or  in  each  voting-shelf  or  compartment  provided  in  accordance 
with  this  chapter  for  the  marking  of  ballots,  and  not  less  than 
three  such  sheets  and  not  less  than  five  specimen-ballots  shall 
be  immediately  posted  in  or  about  the  polling-room,  outside 
the  guard  rails. 

SEC.  31.  In  case  the  ballots  to  be  furnished  to  any  city  or 
town  or  voting-place  therein,  in  accordance  with  the  provis- 
ions of  this  chapter,  shall  fail  for  any  reason  to  be  duly  de- 
livered, or  in  case,  after  delivery,  they  shall  be  destroyed  or 
stolen  or  lost,  it  shall  be  the  duty  of  the  clerk  of  such  city  or 
town  to  procure  and  deliver  to  the  warden  or  moderator  re- 


MANUAL    OF    ELECTION    LAWS.  29 

quiring  the  same,  other  ballots  substantially  in  the  form  of 
the  ballots  so  wanting;  and  upon  receipt  of  such  other  ballots 
from  him,  accompanied  by  a  statement  under  oath  that  the 
same  have  been  so  prepared  and  furnished  by  him,  and  that 
the  original  ballots  have  so  failed  to  be  received  or  have  been 
so  destroyed  or  stolen  or  lost,  the  warden  or  moderator  shall 
cause  the  ballots  so  substituted  to  be  used  in  lieu  of  the  ballots 
wanting,  as  above. 

SUPERVISORS    OF    ELECTION. 

SEC.  32.     At  least  ten  days  before  any  election  as  aforesaid  Boards  of 

aldermen,  and 

the  boards  of  aldermen  of  cities  shall  appoint  six,  and  the  g^pSgfJ^ 
town  councils  of  towns  shall  appoint  four  and  may  appoint  six,  elections, 
supervisors  of  election  for  each  ward,  town,  or  voting-district 
wherein  an  election  is  to  be  held,  in  their  resepctive  cities  and 
towns,  who  shall  be  republicans  and  democrats  in  equal  num- 
bers, to  be  selected  from  a  list  of  not  less  than  six  electors 
presented  to  said  board  of  aldermen  of  the  city,  or  town  council 
of  the  town,  by  the  city,  town,  ward  or  voting-district  com- 
mittee of  the  republican  and  democratic  parties,  respectively > 
the  republican  supervisors  to  be  selected  from  the  republican 
list  and  the  democratic  supervisors  from  the  democratic  list) 
or,  in"case  any  such  committee  shall  fail  to  submit  such  list 
within  the  required  time,  from  electors  of  the  same  political 
party  as  the  committee  so  failing  to  submit  such  list.  Every 
person  appointed  a  supervisor  of  election  shall,  within  forty  ^c^^oTde10 
eight  hours  thereafter,  be  notified  in  writing  by  the  city  or  town  ?^e  iu  writ' 
clerk,  respectively,  of  such  appointment;  and  the  person  so 
appointed  shall,  in  writing  and  within  forty-eight  hours  after 
receiving  such  notice,  notify  said  clerk  from  whom  such  notice 
was  received  of  his  acceptance  or  declination  of  the  appoint- 
ment. In  case  no  notice  shall  be  received  by  said  clerk  from  a 
person  appointed  as  aforesaid  within  the  time  specified,  it 
shall  be  deemed  that  the  person  so  appointed  has  declined  to 


30 


MANUAL    OF    ELECTION   LAWS. 


?isors°f  super"  serve.  It  shall  be  the  duty  of  said  supervisors  of  election  to 
be  present  at  the  opening  and  at  the  closing  of  the  polls  at  said 
election  in  the  ward,  town,  or  voting-district  for  which  they 
shall  be  respectively  appointed,  and  during  the  time  the  same 
shall  be  kept  open,  and  they  shall  personally  supervise  the 
opening  of  the  ballot-boxes,  and  the  sorting,  counting,  certify- 
ing, sealing  up  and  returning,  of  the  ballots  cast  in  said  ward, 
town  or  voting-district;  and  they  shall  make  returns,  by 
joint  or  separate  report,  in  national,  state,  and  city  elections, 
to  the  returning-board  or  boards  to  whom  said  ballots  are  by 
law  required  to  be  returned,  and  in  town  elections  to  the  town 
councils,  setting  forth  that  they  have  performed  the  several 
duties  herein  required  of  them,  and  may  make  a  statement  .of 
such  other  facts  relating  to  the  premises  as  they  may  deem 
proper  to  bring  to  the  attention  of  said  returning-board  and 

TO  be  sworn,  town  council,  respectively.  Each  of  said  supervisors  of  election 
shall  be  sworn  to  the  faithful  discharge  of  said  duties,  and  shall 
receive  such  compensation  for  his  services  as  may  be  from 
time  to  time  fixed  by  the  board  of  aldermen  and  town  council, 

vacancies,how  respectively.     Any  vacancy  existing  among  said  supervisors 

filled. 

of  election,  whether  by  declination  or  refusal  to  serve  or  by 
failure  from  any  cause  to  appear  at,  or  to  remain  during,  the 
time  when  they  are  required  to  perform  their  said  duties,  shall 
be  immediately  filled  by  the  mayor  of  the  city,  or  president  of 
the  town  council,  respectively,  from  the  lists  before  mentioned, 
by  the  substitution  of  a  person  of  the  same  political  party  as 
was  the  supervisor  first  appointed.  But  nothing  in  this  sec- 
tion contained  shall  be  so  construed  as  to  relieve  the  warden 
and  ward  clerks  or  moderators  and  clerks  or  district  clerks 
from  any  of  the  duties  or  liabilities  by  law  required  or  imposed 
upon  them  as  such  officers.  (Chapter  343,  Public  Laws,  pro- 
vides that  four  supervisors  shall  be  appointed  for  each  ward 
in  the  city  of  Central  Falls.) 


MANUAL   OF    ELECTION    LAWS.  31 


SEC.  33.  The  supervisors  appointed  in  each  ward,  voting- 
district,  and  town,  shall  have  the  charge  of  the  ballots  therein,  ballots- 
received  from  the  city  and  town  clerks  as  hereinbefore  pro- 
vided, and  shall  receipt  for  the  same  to  the  warden  or  modera- 
tor, respectively,  and  shall  furnish  them  to  the  voters  in  the 
manner  hereinafter  set  forth.  A  duplicate  list  of  the  qualified 
voters  in  each  ward,  town  or  voting-district  shall  be  prepared 
for  the  use  of  the  supervisors,  and  all  the  provisions  of  law 
relative  to  the  preparation  and  furnishing  of  voting-lists  shall 
apply  to  such  duplicate  lists.  Two  of  said  supervisors,  one  a 
democrat  and  the  other  a  republican,  shall  be  detailed  by  the 
moderator  to  act  as  ballot  clerks.  The  two  supervisors  de- 
tailed as  above  shall  have  immediate  charge  of  the  duplicate 
list  and  the  ballots,  and  shall  furnish  them  to  the  voters  in  the 
manner  hereinafter  set  forth. 

SEC.  34.     Whenever  any  of  the  elections  provided  for  by*   One.  set  °f  su: 

™  J     pervisors  to  act 

sections  2  or  3  of  this  chapter  shall  occur  on  the  same  day  as  onn  8amieda$ns 
an  election  for  national  or  state  officers,  in  any  city  or  town, 
the  supervisors  appointed  hereunder  shall  be  the  supervisors 
for  all  of  such  elections. 

SEC.  35.     No  supervisor  appointed  under  the  provisions  of  nSt  toVbe°can- 
this  chapter,  who  shall  consent  to  serve,  shall  be  a  candidate  dldates- 
for  any  office  to  be  filled  at  such  election. 

VOTING-SHELVES    OR    COMPARTMENTS. 

SEC.  36.     The  city  and  town  councils  in  each  city  and  town  voting-places 

to  be  equipped 

shall  cause  each  voting-place  therein  to  be  suitably  provided  {£  ™hat  man' 
with  a  sufficient  number  of  voting-shelves  or  compartments, 
not  less  than  one  for  each  one  hundred  voters  and  in  no  case 
less  than  three,  at  or  in  which  voters  may  conveniently  mark 
their  ballots,  so  that  in  the  marking  thereof  they  may  be 
screened  from  the  observation  of  others;  and  a  guard-rail 
with  only  one  place  for  entrance  and  another  place  for  exit 
shall  be  so  constructed  and  placed  that  only  such  persons  as 


32  MANUAL    OF    ELECTION    LAWS. 

are  inside  said  rail  can  approach  within  ten  feet  of  the  ballot- 
boxes,  and  of  such  voting-shelves  or  compartments.  The  ar- 
rangements shall  be  such  that  neither  the  ballot-boxes  nor  the 
voting-shelves  or  compartments  shall  be  hidden  from  view  of 
those  just  outside  the  said  guard-rail.  No  person  other  than 
the  warden  or  moderator,  as  the  case  may  be,  clerks,  super- 
visors and  voters  admitted  as  hereinafter  provided,  shall  be 
permitted  within  said  rail  except  by  authority  of  the  said 
warden  or  moderator  for  the  purpose  of  keeping  order  and 
enforcing  the  law.  Each  voting-shelf  or  compartment  shall 
be  kept  provided,  by  the  city,  town,  ward  and  district  clerks, 
with  proper  pencils  for  marking  the  ballots,  which  pencils 
shall  be  by  the  supervisors  kept  in  condition  for  use;  but  all 
pencils  furnished  for  said  purpose  in  any  election  shall,  in  each 
voting-district,  be  such  as  will  mark  a  uniform  color,  and  in 
marking  his  ballot  no  voter  shall  use  a  pencil  marking  a  dif- 
ferent color. 

MANNER    OF   VOTING. 

obtained  from  ^EC.  ^7.  ^n^  Person  desiring  to  vote  shall  give  his  name 
and  if  requested  so  to  do,  his  residence,  to  one  of  the  super- 
visors, who  shall  thereupon  announce  the  same  in  a  loud  and 
distinct  tone  of  voice,  clear  and  audible,  and  if  such  name  -is 
found  upon  the  voting-list  the  supervisor  in  charge  of  the 
voting-list  shall  repeat  the  said  name  in  the  same  manner, 
and  the  voter  shall  be  allowed  to  enter  the  space  enclosed  by 
the  guard-rail  as  above  provided.  The  supervisor  shall  give 
him  one,  and  only  one,  ballot  of  each  kind  that  he  is  entitled 
to  vote,  and  his  name  shall  be  immediately  checked  on  the 
supervisor's  list.  Besides  the  election-officers,  not  more  than 
four  voters  in  excess  of  the  number  of  voting-shelves  or  com- 
partments provided  shall  be  allowed  in  said  enclosed  space  at 
one  time.  No  supervisor  shall  put  any  mark  upon  any  ballot, 
except  as  provided  in  section  40  of  this  chapter.  No  super- 


MANUAL    OF    ELECTION    LAWS.  33 

visor,  except  as  provided  in  section  40  of  this  chapter,  and 
no  other  person,  when  within  said  enclosed  space,  shall  wit- 
ness, or  attempt  to  witness,  the  marking  by  any  voter  of  his 
ballot. 

SEC.  38.  (As  amended  by  Chapter  1229,  Public  Laws.) 
On  receipt  of  his  ballot  from  the  proper  election  officer,  the 
voter  shall  forthwith,  and  without  leaving  the  enclosed  space, 
retire  alone  to  one  of  the  voting-shelves  or  compartments  so 
provided,  and  shall  prepare  his  ballot  as  follows:  If  he  desires 
to  vote  for  all  the  candidates  of  one  political  p'arty  he  shall 
place  a  cross  (X)  within  the  circle  above  the  name  or  designa- 
tion of  that  party.  In  case  he  desires  to  vote  for  a  candidate 
whose  name  is  not  printed  under  the  circle  in  which  he  has 
marked,  he  shall  cancel  the  name  of  the  candidate  in  such 
column  for  whom  he  refuses  to  vote  by  drawing  a  line  through 
such  name,  and  shall  vote  for  the  candidate  of  his  choice  by 
marking  a  cross  (X)  in  the  square  opposite  the  name  of  the 
candidate  of  his  choice,  or  by  writing  in  the  right-hand  column 
prepared  for  that  purpose,  under  the  proper  title  of  the  office, 
the  name  of  the  person  for  whom  he  desires  to  vote.  In  such 
case  the  vote  shall  be  counted  for  the  candidate  against  whose 
name  a  cross  has  been  so  marked,  or  whose  name  has  been  so 
inserted  in  the  right-hand  column,  and  such  ballot  shall  not  be 
counted  for  the  candidate  for  the  same  office  whose  name  is 
cancelled.  When  a  voter  has  placed  a  cross  (X)  in  any  one 
circle,  and  has  not  made  any  mark  in  any  other  circle,  such 
cross  (X)  shall  be  counted  as  a  vote  for  each  of  the  candi- 
dates in  the  column  above  which  it  is  placed,  except  for 
those  candidates  whose  names  have  been  cancelled. 

A  cross  in  the  square  opposite  the  names  of  candidates  for 
electors  of  president  and  vice-president  shall  be  counted  as  a 
vote  for  each.  The  voter  may  omit  to  mark  in  any  circle,  and 
may  vote  for  the  candidates  of  his  choice  by  making  a  cross 
(X)  in  the  square  opposite  their  names,  or  he  may  insert  the 

5 


34  MANUAL    OF    ELECTION    LAWS. 

names  of  persons  for  whom  he  desires  to  vote,  in  the  blank  or 
right-hand  column,  under  the  proper  title  of  office,  and  such 
votes  shall  be  counted.  If  a  voter  desires  to  vote  upon  a 
question  submitted  to  the  vote  of  the  electors  of  the  state  or  of 
any  city  or  town,  he  shall  mark  in  the  appropriate  square  a 
cross  (X)  against  the  answer  which  he  desires  to  give  in  addition 
to  the  cross  made  in  any  circle  or  square  at  the  right  of  any 
candidate's  name.  Where  a  voter  makes  a  cross  (X)  within 
the  circle  at  the  top  of  any  column  and  also  cancels  a  name  in 
the  column  under  such  marked  circle,  but  does  not  mark  a 
cross  (X)  within  the  voting-square  at  the  right  of  any  name  of 
a  candidate  for  the  same  office  in  any  other  column,  and  fails 
to  write  in  a  name  in  the  right-hand  column  in  the  space  pro- 
vided for  a  name  to  be  written  in  for  such  office,  said  ballot 
shall  be  considered  blank  for  such  office. 

Before  leaving  the  voting-shelf  or  compartment,  the  voter 
shall  fold  his  ballot,  without  displaying  the  marks  thereon,  in 
the  same  way  it  was  folded  when  received  by  him,  and  he  shall 
keep  the  same  so  folded  until  he  has  voted.  He  shall  vote  in 
the  manner  provided  by  law  before  leaving  the  enclosed  space, 
and  shall  deposit  in  the  ballot-box  his  ballot  with  the  official 
endorsement  so  that  it  may  be  seen  by  the  warden  or  modera- 
tor, and  the  clerk  shall  check  his  name  on  the  voting-list.  He 
shall  mark  and  deposit  his  ballot  without  undue  delay,  and  shall 
quit  said  enclosed  space  as  soon  as  he  has  voted.  Not  more 
than  one  person  shall  be  permitted  to  occupy  any  voting-shelf 
or  compartment  at  the  same  time,  and  no  person  shall  remain 
in,  or  occupy,  a  voting-shelf  or  compartment  longer  than  may 
be  necessary  to  prepare  his  ballot,  and  in  no  case  longer  than 
five  minutes.  No  voter,  not  an  election  officer,  whose  name 
has  been  checked  on  the  list  of  the  supervisors  shall  be  allowed 
to  re-enter  said  enclosed  space  during  said  election.  It  shall 
be  the  duty  of  the  warden  or  moderator  to  secure  the  observ- 
ance of  the  provisions  of  this  section. 


MANUAL    OF    ELECTION    LAWS. 


35 


SEC.  39.  Every  person  who  does  not  vote  a  ballot  delivered  ?otedtonbe  re- 
to  him  by  a  supervisor  of  election  shall,  before  leaving  the  en-  supervisor. 
closed  space,  return  such  ballot  to  the  supervisor,  and  no 
person  shall  take  or  remove  any  ballot  from  the  polling-place 
before  the  close  of  the  polls.  It  shall  be  the  duty  of  the  warden 
or  moderator,  and  of  the  supervisor  or  officer  having  charge  of 
the  exit,  to  prevent  any  voter  from  leaving  the  enclosed  space 
until  such  voter  has  deposited  his  ballot  or  ballots,  or  has  re- 
turned his  unused  ballot  or  ballots,  as  herein  provided.  If 
any  voter  inadvertently  spoils  a  ballot,  he  may  obtain  another 
upon  returning  the  spoiled  one  and  satisfying  the  officer  of  the 
fact  of  the  inadvertence.  The  ballots  thus  returned  shall  be 
immediately  cancelled,  and,  together  with  those  not  distributed 
to  the  voters,  shall  be  preserved  and,  with  the  voting-list  used 
by  the  supervisors,  which  shall  be  certified  by  them  to  be  such, 
shall  be  securely  wrapped,  sealed,  and  delivered  to  the  several 
city  and  town  clerks  by  the  supervisors. 

SEC.  40.  Any  voter  who  declares  to  the  warden  or  moder-  Snfarkh^bai- 
ator  that  he  cannot  read  the  ballot,  or  that  by  blindness  or  s?stSiayb( 
other  physical  disability  he  is  unable  to  mark  his  ballot,  shall, 
at  the  request  of  the  warden  or  moderator,  receive  the  assist- 
ance of  two  of  the  supervisors,  one  a  democrat  and  the  other 
a  republican,  in  the  marking  thereof,  and  such  supervisors 
shall  thereafter  give  no  information  regarding  the  same.  The 
warden  or  moderator  may,  in  his  discretion,  require  such  dec- 
laration of  disability  to  be  made  by  the  voter  under  oath  before 
him,  and  he  is  hereby  authorized  and  qualified  to  administer 
the  same. 

SEC.  41.  (As  amended  by  Chapter  1229,  Public  Laws.) 
If  for  any  reason  it  is  impossible  to  determine  the  voter's  choice  when* 
for  any  office  to  be  filled,  his  ballot  shall  not  be  counted  for  such 
office,  but  it  shall  be  counted  for  all  offices  properly  marked. 
No  ballot  shall  be  rejected  for  any  technical  error  which  does 
not  make  it  impossible  to  determine  the  voter's  choice,  but  no 


36  MANUAL    OF    ELECTION   LAWS. 

• 

voter  shall  place  any  mark  upon  his  ballot  by  which  it  may 
be  afterwards  identified  as  the  one  voted  by  him.  One  line 
crossing  another  at  any  angle  within  the  circle  or  any  voting- 
square,  or  at  the  right  of  any  name,  shall  be  deemed  a  valid 
voting-mark.  To  cancel  a  name  within  the  meaning  of  this 
chapter  the  voter  shall  draw  a  pencil  mark  through  the  full 
name.  A  cross  (X)  marked  in  a  voting-square  at  the  right  of 
.  any  name  in  a  column  above  which  the  circle  is  marked  shall 
be  treated  as  surplusage,  and  the  ballot  shall  not  be  deemed 
invalidated.  No  ballot  without  the  official  endorsement  shall, 
except  as  herein  otherwise  provided,  be  allowed  to  be  deposited 
in  the  ballot-box,  and  none  but  ballots  provided  in  accordance 
with  the  provisions  of  this  chapter  shall  be  counted.  Ballots 
not  counted  shall  be  marked  "Defective"  on  the  back  thereof 
and  shall  be  preserved  and  returned  with  the  other  ballots: 
Provided,  that  in  case  no  ballots  are  provided  at  any  voting- 
place  in  accordance  with  the  foregoing  provisions  of  this  chap- 
ter, or  in  case  no  such  ballots  are  at  the  polls  and  ready  for  the 
use  of  voters,  the  voters  at  such  voting-place  may  use  any 
ballot  and  provide  themselves  therewith. 

Polls  to  be  kept 

i°nptown^iec"g       SEC-  42-     In  a11  towns  having  less  than  five  hundred  elec- 

towns.nc<       *  tors,  the  polls  shall  be  kept  open  for  at  least  three  hours;   and 

in  towns  having  more  than  five  hundred  electors,  the  polls 

No  other  busi- 

transaoted         sna^  ^e  ^eP^  °Pen  f°r  at  least  five  hours;  and  no  other  business 
shall  be  transacted  while  the  polls   are  open.     This  section 

This  section 

applies  to  town  applies  only  to  elections  mentioned  in  section  3  of  this  chapter. 

elections  only. 

PENALTIES. 


Penalty  for  SEC.  43.     A  voter  who  shall,   except   as   herein  otherwise 

violations  of 

this  chapter       provided,  allow  his  ballot  to  be  seen  by  any  person  with  an 

with  regard  to    r 

the%?not°n  °f  apparent  intention  of  letting  it  be  known  how  he  is  about  to 
vote,  or  who  shall  make  any  mark  upon  his  ballot  by  which 
the  same  may  be  identified  as  the  one  voted  by  him,  or  who  shall 


MANUAL    OF    ELECTION    LAWS.  37 

make  a  false  statement  as  to  his  inability  to  mark  his  ballot, 

or  any  person  who  shall  interfere  or  attempt  to  interfere  with 

any  voter  when  inside  said  enclosed  space  or  when  marking 

his  ballot,  or  who  shall  endeavor  to  induce  any  voter  before 

voting  to  show  how  he  marks  or  has  marked  his  ballot,  shall 

be  punished  by  a  fine  of  not  less  than  five  nor  more  than  one 

hundred  dollars;    and  election-officers  shall  report  any  person  °r^g"2uted°  be 

so  doing  to  any  police  officer  on  duty  at  the  polls,  whose  duty 

it  shall  be  to  see  that  the  offender  is  duly  brought  before  the 

proper  court. 

SEC.  44.     Any  person  who  shall  be  found  in  possession  of  Penalty  for 

vilations  of 


any  official  ballot  previous  to  or  during  an  election,  except  as 
provided  in  this  chapter,  or  who  shall,  previous  to  an  election,  generally.011 
willfully  deface  or  destroy  any  list  of  candidates  posted  in  ac- 
cordance with  the  provisions  of  this  chapter,  or  who,  not  having 
voted  a  ballot  delivered  -to  him  by  a  supervisor  of  election, 
shall  neglect  or  refuse  to  return  such  ballot  to  the  supervisor 
before  leaving  said  enclosed  space,  or  who  takes  or  removes, 
or  attempts  to  take  or  remove,  any  ballot  from  the  polling-place 
before  the  closing  of  the  polls,  or  who,  during  an  election,  shall 
willfully  deface,  tear  down,  remove,  destroy,  or  mark,  any  in- 
struction-sheet or  specimen-ballot  printed  or  posted  for  the 
instruction  of  voters,  or  who  shall,  during  an  election,  willfully 
remove  or  destroy  any  of  the  supplies  or  conveniences  furnished 
to  enable  a  voter  to  prepare  his  ballot,  or  shall  willfully  hinder 
the  voting  of  others,  shall  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  two  hundred  dollars,  or  by  imprisonment 
for  not  more  than  three  months,  or  by  both  such  fine  and  im- 
prisonment. 

SEC.  45.  •  (As   amended   by  Chapter    1229,   Public    Laws.)   Penalty  for 

'     fraudulent  in- 

Any  person  who  shall  falsely  make,  or  willfully  deface  or  de-  e?ectScewith 
stroy,  any  certificate  of  nomination  or  nomination-paper,  or  etT*8'  ballotSl 
any  part  thereof,  or  any  letter  of  withdrawal,  or  file  any  cer- 
tificate of  nomination  or  nomination-paper  or  letter  of  with- 


38  MANUAL    OF    ELECTION   LAWS. 

drawal,  knowing  the  same  or  any  part  thereof  to  be  falsely 
made,  or  suppress  any  certificate  of  nomination  or  nomination- 
paper  or  letter  of  withdrawal,  or  any  part  thereof,  which  has 
been  duly  filed,  or  forge  or  falsely  make  the  official  endorse- 
ment on  any  ballot,  or  willfully  destroy  or  deface  any  ballot, 
or  willfully  delay  the  delivery  of  any  ballots,  and  any  person 
or  persons  who  shall  print,  stamp,  or  affix,  or  cause  to 
be  printed,  stamped,  or  affixed,  upon  any  letter  head,  circular, 
or  pamphlet  used  for  political  purposes,  or  upon  political 
literature  of  any  nature,  a  representation  of  the  chosen  em- 
blem or  device  of  any  political  party  in  this  state  without  the 
consent  in  writing  first  had  and  obtained  of  the  chairman  of 
the  state  central  committee  of  the  political  party  whose  chosen 
emblem  or  device  is  sought  to  be  used  for  such  purposes,  shall 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars  or 
by  imprisonment  for  not  more  than  one  year,  or  by  both  such 
fine  and  imprisonment. 
Penalty  for  the  SEC.  46.  Any  public  officer  upon  whom  a  duty  is  imposed 

non-perform- 

dSt|  °f  °fficial  ty  tnis  cnaPter,  who  shall  willfully  neglect  to  perform  such 
duty,  or  who  shall  perform  it  in  such  a  way  as  to  hinder  the 
objects  of  this  chapter,  shall  be  punished  by  a  fine  of  not  less 
than  fifty  nor  more  than  one  thousand  dollars,  or  by  imprison- 
ment for  not  more  than  one  year,  or  by  both  such  fine  and 
imprisonment. 

secretary  of          SEC.  47.     (As   amended  by  Chapter    1229,   Public   Laws.) 

state  to  furnish 

ondafy  Sec860"  ^ne  Provisi°ns  °f  th*  chapter  shall  apply  in  case  of  an  adjourned 
ce°smfent?on~ed  or  second  or  other  subsequent  election  in  any  city  or  town,  for 
any  officer  whose  election  is  provided  for  in  and  by  this  chapter. 
In  the  case  of  such  elections  for  officers  mentioned  in  section  1 
of  this  chapter  it  shall  be  the  duty  of  the  secretary  of  state  to 
procure  and  furnish  ballots  in  the  form  of  the  ballots  provided 
for  in  this  chapter,  with  the  names  of  the  candidates  to  be  voted 
for  arranged  thereon  according  to  the  provisions  of  this  chapter. 
In  the  case  of  such  elections  for  officers  mentioned  in  sections 


MANUAL    OF    ELECTION    LAWS.  39 

2  and  3  of  this  chapter  it  shall  be  the  duty  of  the  clerk  of  such 
city  or  town  to  procure  and  furnish  such  ballots. 

SEC.  48.     The  ballots  when  printed  for  such  adjourned  or  f^coSdVry'eiec- 

.  ,     ,   .       . ,  .        ,  tions  to  be 

subsequent  election  shall  be  folded  as  is  provided  in  this  chap-  folded,  and 

put  up  in  pack- 

ter,  and  shall  be  put  up  in  packages  of  one  hundred  each.     A  a^es- 
record  of  the  number  of  ballots  printed  and  furnished  to  each 
voting-place  shall  be  kept  and  preserved  by  such  city  or  town 
clerk. 

SEC.  49.     (As   amended   by   Chapter.  1229,   Public   Laws.) 
There  shall  be  provided  for  each  voting-place,  at  which  an  vided- 
election  is  to  be  held,  not  less  than  sixty  ballots  for  every  fifty 
and  every  fraction  of  fifty  qualified  voters  therein. 

SEC,  50.     The  same  supervisors  of  election  who  acted  at 


the  first  election  shall  act  at  such  second  or  adjourned  or  other  JecondaryCeiec- 
subsequent  election,  and  shall  have  and  exercise  the  same 
powers  and  duties  at  such  second  or  adjourned  or  other  sub- 
sequent election  as  are  prescribed  in  this  chapter  for  them  to 
have  and  exercise  at  said  first  election;  and  upon  the  receipt 
of  such  ballots  the  warden  or  moderator  shall  cause  said  ballots 
to  be  used  at  such  election,  and  the  supervisors  shall  perform 
the  same  duties  as  in  the  first  election. 

ACCEPTANCE    BY   TOWNS    FOR    TOWN    ELECTIONS. 

SEC.  51.     The  provisions  of  this  chapter  shall  also  apply  This  chapter 
to  all  elections  bv  the  people  hereafter  held  in  the  towns  of  elections  in 

what  towns. 

Cumberland  and  East  Providence,  and  in  every  town  which 
has  accepted  and  adopted  the  provisions  of  Chapter  920  of 
the  Public  Laws,  passed  at  the  January  session  in  the  year 
1891. 
SEC.  52.       (As  amended  by  Chapter  808,  section  11,  Public  Towns  may 

vote  to  adopt 

Laws.)     If  at  least  one-tenth  in  number  of  the  qualified  electors  0feth[s°chSap?er 
in  any  town,  not  including  cities,  shall,  twenty  days  previous  tions?WI 
to  any  general  election  of  state  officers  on  the  Tuesday  next 
after  the  first  Monday  in  November  of  any  year,  file  with  the 


40  MANUAL    OF    ELECTION    LAWS. 

town  clerk  of  such  town  a  petition  that 'the  electors  may,  at 
such  general  election,  cast  their  ballots  for  or  against  accepting 
the  provisions  of  this  chapter  so  far  as  the  same  apply  to  the 
elections  mentioned  in  section  3  of  this  chapter,  such  town  clerk 
shall  give  notice  of  the  same  in  his  warrant  calling  the  town  or 
district  meetings,  and  shall  at  least  eighteen  days  previous  to 
the  day  of  such  election  file  with  the  secretary  of  state  a  cer- 
tificate that  the  question  "Shall  the  town  accept  the  secret 
ballot  law  for  towns?''  is  to  be  submitted  to  the  vote  of  the 
electors  in  said  town.  If  a  majority  of  the  ballots  so  cast  shall 
be  in  favor  of  accepting  the  provisions  of  this  chapter  so  far  as 
the  same  apply  as  aforesaid,  then  the  said  provisions  of  this 
chapter  shall  be  in  effect  in  such  town;  but  if  a  majority  of 
the  ballots  so  cast  shall  be  against  accepting  the  provisions  of 
this  chapter,  then  the  said  provisions  of  this  chapter  shall  not 
take  effect  in  said  town. 


CHAPTER  14,  GENERAL  LAWS. 
General  Provisions  Concerning  Elections. 
voters  are  ex-       SECTION  1.     All  persons  entitled  to  vote  shall  be  protected 

empted  from 

arrest,  when,  from  arrest  in  civil  cases,  on  the  days  of  election  for  city  or 
town  officers,  and  for  state  officers,  representatives  in  congress, 
and  electors  of  president  and  vice-president  of  the  United 
States;  and  on  the  day  preceding  and  day  following  such 
election. 

Penalty  for  at-       SEC.  2.     Every  person  who,  in  any  election,  shall  fraudu- 

tempting  to 

fr°atuduirenuting  ^en^y  vote  or  attempt  to  vote,  not  being  qualified,  notwith- 
standing his  name  may  be  on  the  voting-list  at  the  polling- 
place  where  he  shall  so  vote  or  attempt  to  vote;  or  who  shall 
fraudulently  vote  upon  the  name  of  any  other  person,  or, 
having  voted  in  one  town,  ward,  or  voting-district,  shall  vote 


MANUAL    OF    ELECTION    LAWS. 

or  attempt  to  vote  in  the  same  or  in  another  town,  ward,  or 
voting-district;  or  who  shall  fraudulently  vote  or  attempt  to 
vote  in  a  town,  ward,  or  voting-district  other  than  in  the  town, 
ward,  or  voting-district  wherein  he  has  his  residence  and  home 
at  the  time  of  his  voting  or  attempting  to  vote,  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  not  less  than 
sixty  days  nor  more  than  one  year,  or  by  both  such  fine  and 
imprisonment  in  the  discretion  of  the  court;  "and  no  person 
after  conviction  of  such  offence  shall  thereafter  be  permitted 
to  exercise  the  privilege  of  voting  for  any  military  or  civil 
officer. 

SEC.  3.  Every  person  who  shall,  directly  or  indirectly,  give, 
or  offer,  or  agree  to  give,  to  any  elector,  or  to  any  person  for  voters*1111 
the  benefit  of  any  elector,  any  sum  of  money  or  other  valuable 
consideration,  for  the  purpose  of  inducing  such  elector  to  give 
in  or  withhold  his  vote  at  any  election  in  the  state,  or  by  way 
of  reward  for  having  voted  or  withheld  his  vote,  or  who  shall 
use  any  threat,  or  employ  any  means  of  intimidation,  for  the 
purpose  of  influencing  such  elector  to  vote  or  withhold  his 
vote,  for  or  against  any  candidate  or  candidates  or  proposition 
pending  at  such  election,  shall  be  fined  five  hundred  dollars, 
or  be  imprisoned  not  exceeding  three  months,  either  or  both, 
at  the  discretion  of  the  court;  and  no  person  convicted  of  such 
offence  shall  ever  thereafter  be  permitted  to  exercise  the  privi- 
lege of  voting  for  any  civil  or  military  officer,  or  upon  any 
proposition  pending  before  the  people;  and  no  evidence  given 
by  any  witness  testifying  upon  the  trial  of  any  charge  of  bribery 
shall  be  used  against  the  person  giving  such  evidence. 

SEC.  4.     All  prosecutions  for  offences  against  the  provisions  LJ™8ecS?ons- 
of  this  chapter  shall  be  commenced  within  one  year  after  the  howPpai3ant 
same  shall  have  been  committed,  and  not  afterwards.     And 
upon  the  presentation  of  a  certificate  of  the  clerk  of  any  court 
of  the  final  conviction  in  such  court  of  any  person  under  the 

6 


41 


4:2  MANUAL   OF    ELECTION   LAWS. 

provisions  of  this  chapter,  the  state  auditor  is  hereby  author- 
ized and  directed  to  draw  his  order  on  the  general  treasurer 
for  the  sum  of  fifty  dollars,  and  deliver  the  same  to  the  person 
complainant  in  such  prosecution. 

vffiUmaydi"  SEC.  5.  Whenever  any  person  upon  whom  is  imposed  any 
mandamus?f  duty  connected  with  the  calling,  warning,  or  conducting  of 
any  town,  ward,  or  district  meeting  or  with  the  canvassing  of 
the  lists  of  voters  for  use  at  such  meetings,  or  with  the  counting 
of  the  votes  cast  at  the  same,  or  the  declaring  of  the  result 
of  such  votes,  shall  fail,  neglect,  or  refuse  to  perform  such  duty 
within  the  time  specified  by  law  for  the  performance  of 
the  same,  the  supreme  court  shall  forthwith,  upon  the 
petition  of  any  citizen  of  the  city  or  town  where  such 
failure,  neglect,  or  refusal  occurred,  issue  its  writ  of  man- 
damus ordering  the  person  so  failing,  neglecting  or  refusing, 
to  perform  the  duties  in  question  within  twenty-four  hours 
from  the  time  of  the  issuance  of  said  writ;  and  if  such  failure, 
neglect,  or  refusal  shall  continue  beyond  the  twenty-four  hours 
specified  in  said  writ,  said  court  shall  immediately  appoint 
some  suitable  person  to  at  once  perform  said  duties,  and  the 
Penalty  for  person  so  refusing  to  obey  said  writ  of  mandamus  shall,  in 

neglect  to  obey    * 

addition  to  the  penalties  prescribed  by  law  for  such  failure, 
neglect,  or  refusal  to  perform  his  said  duties,  be  liable  to,  such 
further  penalties  for  contempt  of  court  as  said  court  may 
impose  for  failure  to  obey  said  writ, 
power  to  act         SEC.  6.     The  person  appointed  by  said  court,  as  aforesaid, 

of  person  ap- 

courted  by  the  snaM  proceed  immediately  to  perform  the  duties  devolved  upon 
him  by  said  court,  and  the  acts  done  by  him  in  pursuance  of 
such  appointment  shall  be  as  effectual  and  valid  in  all  respects 
as  if  the  same  had  been  done  and  performed  by  the  person  so 
failing,  neglecting  or  refusing,  at  the  time  and  in  the  manner 
provided  by  law. 

SEC.  7.     The  person  so  appointed  by  said  court,  as  afore- 
said, shall  be  deemed  to  be  an  officer  of  said  court  and  shall 


MANUAL    OF    ELECTION   LAWS.  43 

have  full  and  free  access  to  all  records  and  papers  necessary  an  officer  ofed 
to  enable  him  to  perform  the  duties  devolved  upon  him  by  aiteyCforWn^er- 

ing  his  action. 

said  court,  and  any  person  interfering  with  or  in  any  way 
hindering  his  discharge  of  said  duties  shall  be  liable  to  such 
penalties  as  may  be  prescribed  by  said  court  for  contempt,  and 
it  shall  be  the  duty  of  the  sheriffs  of  the  several  counties  and 
their  deputies  to  see  that  the  provisions  of  this  chapter  are 
enforced  within  their  respective  counties. 


LIST  OF  VOTERS,  BY  WHOM  FURNISHED. 


By  the  provisions  of  Chapter  8  of  the  General  Laws,  corrected  and 
certified  lists  of  voters  are  to  be  furnished  by  town  clerks  to  the 
moderators  of  town  meetings  in  their  respective  towns.  Section  13 
of  said  chapter  provides  that  "  the  town  clerk  of  every  town  divided 
into  districts  for  the  purpose  of  voting  shall  send  to  the  moderator 
of  each  of  said  districts  a  certified  copy  of  the  list  for  his  district, 
before  the  time  fixed  for  opening  the  district  meetings  for  any  elec- 
tion as  aforesaid;  and  the  city  clerks  of  the  several  cities  shall,  from 
the  list  of  voters  so  corrected-,  send  separate  lists  of  the  voters  of  each 
ward  and  voting-district  in  said  cities  (which  lists  in  the  city  of 
Newport  shall  be  certified  by  the  city  clerk)  to  the  clerks  of  the 
respective  wards  and  voting-districts  before  the  time  fixed  for  the 
opening  of  the  ward  meetings. "  In  the  city  of  Providence,  by 
subsequent  provisions  of  this  chapter,  the  voting-lists  are  to  be 
supplied  by  the  board  of  canvassers  and  registration. 


CITY  OF  PROVIDENCE, 


APPOINTMENT    OF    WAEDENS,    CLERKS,    AND    SUPERVISORS. 

In  the  city  of  Providence  the  board  of  canvassers  and  registration 
now  performs  many  of  the  duties  in  connection  with  elections  that 
in  other  places  are  required  of  city  or  town  clerks,  and  aldermen 
or  town  councilmen.  All  ballots  cast  in  the  city  of  Providence 


MANUAL    OF    ELECTION   LAWS.  45 

for  city  officers,  are  to  be  returned  by  the  district  clerks  to  the 
board  of  canvassers  and  registration.  By  the  provisions  of  Chapter 
798,  Public  Laws,  passed  at  the  May  session,  1900,  the  board  of 
canvassers  and  registration  now  appoints  the  wardens,  clerks,  and 
supervisors  for  the  city  of  Providence.  Section  4  of  said  Chapter 
798  provides  as  follows: 

"  SEC.  4 At  least  ten  days  prior  to  every  election 

there  shall  be  appointed  by  the  board  of  canvassers  and  registration 
of  said  city  a  warden  and  clerk  for  each  voting-district  who  shall  be 
of  different  political  parties,  and  four  supervisors  of  election  for 
each  voting-district  from  lists  to  be  submitted  to  said  board  in  manner 
as  now  provided  by  law  to  be  submitted  to  the  board  of  aldermen 
of  said  city,  and  who  shall  severally  be  qualified  electors  in  the  voting- 
districts  in  which  they  shall  be  appointed  to  serve,  and  who  shall 
severally  be  able  to  read  the  constitution  of  the  state  in  the  English 
language  and  to  write  their  names.  Said  wardens,  clerks,  and  super- 
visors shall  have  all  the  powers  and  be  subject  to  all  the  liabilities 
and  discharge  all  the  duties  conferred  and  imposed  by  law  upon 
wardens,  clerks,  and  supervisors  of  election  respectively:  Provided, 
that  at  every  election  the  ballot-boxes  shall  be  opened  and  the  ballots 
therein  sorted,  counted,  sealed  up,  and  returned  by  said  wardens  and 
clerks  only,  under  the  personal  supervision  and  scrutiny  of  said 
supervisors  of  election,  but  no  supervisors  of  election  shall  at  any  time 
after  the  close  of  the  polls  handle  any  official  ballot  duly  voted  and 
contained  in  the  ballot-box  in  any  such  polling-place.  Said  wardens, 
clerks,  and  supervisors  shall  severally  receive  from  said  city  the  sum 
of  ten  dollars  for  every  election,  and  any  vacancy  occurring  among 
said  wardens,  clerks,  or  supervisors  of  election,  whether  by  resignation 
or  refusal  to  serve,  or  by  failure  from  any  cause  to  appear  at  such 
polling-place  or  to  remain  thereat  during  the  time  when  they  are 
required  by  law  to  perform  their  said  duties,  shall  be  immediately 
filled  by  said  board  or  by  the  presiding  officer  thereof  if  said 
board  be  not  then  in  session. " 


46  MANUAL    OF    ELECTION   LAWS. 


CITY  OF  PAWTUCKET. 


In  relation  to  elections  held  in  the  city  of  Pawtucket,  section  5 
of  Chapter  1018,  Public  Laws,  provides  "that  at  every  election  the 
ballot-boxes  shall  be  opened  and  the  ballots  therein  sorted,  counted, 
sealed  up,  and  returned  by  said  wardens  and  clerks  only,  under  the 
personal  supervision  and  scrutiny  of  said  supervisors  of  election, 
but  no  supervisors  of  election  shall  at  any  time  after  the  close  of  the 
polls  handle  any  official  ballot  duly  voted  and  contained  in  the 
ballot-box  in  any  such  polling-place. " 


INDEX. 


PAGE. 

Absence  of  moderator,  warden  or  clerk,  who  to  officiate  in 5 

Abstraction  of  ballot  from  ballot-box,  penalty  for 7 

Adjourned  elections,  when  to  be  held 11,  38 

Aldermen  and  councilmen  to  count  certain  votes 12 

Appointment  of  supervisors 29,  30,  45 

Assistance  to  voters  by  supervisors 35 

Ballots,  moderator  or  warden  to  receive  or  reject 6 

"•  how  to  be  deposited  in  box 7,  34 

"  how  counted  at  close  of  polls 7,  45,  46 

"  how  to  be  sealed  up  and  endorsed  after  counting 8-10 

"  for  different  classes  of  officers,  to  be  sealed  in  one  package 9 

"  what  to  be  sent  to  the  state  returning-board 10 

"  what  to  be  delivered  to  the  city  or  town  clerk 11 

"  for  town  and  city  officers,  by  whom  to  be  counted 12 

"  who  may  be  present  at  counting  of 12 

"  penalty  for  neglect  to  count,  seal  up,  etc 14,  15 

"  packages  of,  not  to  be  opened  except  by  whom 13 

"  how  furnished,  under  secret  ballot  law 16 

"  form  of,  under  secret  ballot  law 22-25 

"  how  to  be  folded  when  distributed 25 

"  to  be  provided  in  packages  of  one  hundred 25 

"  number  to  be  provided  for  each  voting-place 26 

"  specimen  and  instruction  sheets  to  be  furnished 26-29 

"  for  state  elections  to  be  provided  by  secretary  of  state 26,  27 

"  for  city  and  town  elections,  by  whom  provided 26,  28 

r  "  to  be  delivered  to  moderator  or  warden 28 

"  to  be  delivered  to  supervisor  by  moderator  or  warden 28 

"  loss,  theft  or  destruction  of,  how  election  to  proceed 28 

"  to  be  in  charge  of  supervisor  during  elections 31 

"  to  be  given  voter  by  supervisor 32 

"  pencils  for  marking 32 


48  MANUAL    OF    ELECTION   LAWS. 

PAGE. 

Ballots,  how  to  be  marked 33,  34 

"        no  mark  of  personal  identification  to  be  made  thereon 36 

"        spoiled,  to  be  returned  to  supervisor 35 

"       voters  may  be  assisted  to  mark 35 

"       defective,  not  to  be  counted 35 

"        spoiled,  cancelled,  and  not  distributed,  to  be  returned  by  the  super- 
visor to  the  town  or  city  clerk 35 

"       what  kind  may  be  used  if  official  ballots  are  not  provided 36 

"        for  adjourned  elections 38 

"        word  "ballots"  construed  to  mean  tally-sheets  or  records  made 

by  voting-machines 14 

Ballot-boxes,  to  be  provided  by  town  or  city  clerks 6 

form  of,  and  how  used 6 

"            to  be  kept  closed  and  locked  during  election 6 

"            to  be  in  charge  of  moderator  or  warden 6 

Ballot-clerks  to  be  appointed  from  supervisors  by  moderators 31 

Board  of  canvassers  and  registration  to  count  certain  votes 12 

"       to  appoint    wardens,     clerks,    and    super- 
visors. . : 45 

"       "           "           "         "       to  furnish  list  of  voters 44 

See  City  of  Providence 44 

Candidates,  how  to  be  nominated  in  convention  or  caucus 17,  18 

"  how  to  be  nominated  by  individual  voters 18,  19 

may  withdraw,  how  and  when 20 

"           list  of,  to  be  posted  prior  to  election 27 

"           names  of,  how  to  be  arranged  on  ballot 22 

Canvassers  and  registration ,  what  ballots  to  be  delivered  to  board  of 11 

"                          "               board  of,  to  count  certain  votes 12 

"      "    to  appoint  wardens,  clerks,  and  super- 
visors    45 

"                        "                     "      "    to  furnish  list  of  voters 44 

See  City  of  Providence 44 

Certificate  to  be  enclosed  in  ballot  packages 10 

Certificate  of  election  to  be  furnished  persons  elected  to  town  and  city 

offices 12 

"                                 penalty  for  neglect  or  refusal  to  furnish 14 

Certificates  of  nomination,  when  and  how  to  be  filed 19-22 

Clerks  of  cities  or  towns  to  provide  ballot-boxes 6 


INDEX.  49 

PAGE. 

Clerks  of  cities  or  towns  to  furnish  certain  supplies 13,  27 

"       "      "      "       "      to  provide  ballots  for  city  and  town  elections 26,28 

"       "      "      "       "      to  keep  record  of  ballots  furnished 25 

"       "      "      "       "      to  deliver  ballots  to  moderator  or  warden 28 

"       "      "      "       "      to  give  certificate  of  election  to  certain  officers.  ...      12 

"       "      "      "       "      to  furnish  list  of  voters 43 

"       "      "      "       "      penalty  for  neglect  of  duty  by 14,  15,  38 

See  City  of  Providence 44 

Clerks  of  elective  meetings,  who  to  act  in  absence  of 5 

"       "        "  "         pro  tempore,  how  elected 5 

"       "        "  how  appointed  in  Providence 44 

"       "        "  to  check  the  name  of  voter 7,  34 

"       "        "  "         to  count  ballots 7,  45,  46 

to  keep  record  books  of  elective  meeting 7 

to  seal  up  ballots  after  counting 8,  45,  46 

"       "        "  "          to  affix  their  signature  to  package  of  ballots.. .  .        8 

to  endorse  package  of  ballots 9 

"       "        "  to  sign  certificate  to  be  enclosed  with  ballots ...      10 

to  deliver  certain  ballots  to  the  city  or  town 

•    clerk 11 

to  deliver  certain  ballots  to  the  state  returning- 

board 10 

"       "        "                          to  deliver  certain  ballots  to  the  board  of  can- 
vassers and  registration 11 

may  appoint  someone  to  deliver  ballots 14 

"       "        "  word  "clerks"  construed  to  mean  ward  district 

clerks. . 14 

penalty  for  neglect  of  duty  by 7,  14,  15,  38 

See  City  of  Providence 44 

See  City  of  Pawtucket 46 

Convention  to  nominate  candidates 17,  18 

Councilmen  to  count  certain  votes 12 

Counting  ballots  at  close  of  polls 7,  45,  46 

Defective  ballots  not  to  be  counted 35 

Disorderly  conduct  at  elective  meeting,  penalty  for 6 

persons  may  be  ejected  by  order  of  moderator  or  warden 5 

Elections  adjourned  or  new,  when  to  be  held,  and  how  to  be  ordered 11 

"  "  secondary,  under  secret  ballot  law 38,  39 

7 


50  MANUAL    OF    ELECTION   LAWS. 

t  PAGE . 

Failure  of  election  officer  to  perform  duty,  remedy  for 42 

Filing  of  nominations 19-22 

Fraudulent  voting,  penalty  for 40 

Guard-rail,  who  may  be  admitted  within  it 32,  34 

"        voter  not  to  re-enter  after  voting 34 

Instruction-sheets  and  specimen-ballots  to  be  furnished 26,  27 

etc.,  when  and  how  to  be  posted 28 

Labels,  special  forms  to  be  used  on  ballot  packages 13 

"        on  packages  of  ballots,  by  whom  to  be  signed 8 

Manner  of  conducting  elections,  act  prescribing 6—15 

Marking  of  ballots 32-35 

Mileage  to  be  paid  persons  delivering  ballots  to  state  returning-board 11 

Moderators  to  preside  at  town  or  district  meeting 5 

"           power  of 5 

"          who  to  preside  in  absence  of 5 

"           pro  tempore,  how  elected 5 

"           to  maintain  good  order  in  meeting. . 5 

"           to  have  charge  of  ballot-boxes 6 

"           to  announce  name  of  voter 7 

"           to  receive  or  reject  votes 6 

"           to  count  ballots 7 

"           to  announce  result  of  vote 7 

"           to  keep  record  book  of  elective  meeting 7 

"          to  deliver  record  book  of  meeting  to  town  clerk 8 

{            to -affix  their  signature  to  package  of  ballots 8 

"           to  sign  certificates  to  be  enclosed  with  ballots 10 

"           to  deliver  ballots  to  supervisor 28 

"           to  appoint  ballot-clerks  from  supervisors 31 

"           authority  of,  to  admit  persons  within  guard-rail 32 

"           to  direct  supervisors  to  assist  voters  in  certain  cases 35 

"  penalty  for  neglect  of  duty 7,  14,  15,  38 

Nomination  of  candidates  by  convention  or  caucus 17,  18 

"  "  "          "    individual  voters 18,  19 

Nomination  papers 19 

Nominations  to  be  open  to  public  inspection 21,  22 


INDEX.  51 

PAGE. 

Packages  of  ballots,  how  to  be  sealed  up  and  endorsed 8-10 

Penalty  for  disorderly  conduct  at  elective  meeting 6 

"         "   illegal  reception  or  rejection  of  ballots 7 

"   illegally  opening  packages  of  ballots 13 

"   neglect  to  count,  seal  up,  etc.,  ballots 14,  15 

"   neglect  or  refusal  to  furnish  certificate  of  election 14 

"         "   violation  of  secret  ballot  law 36-38 

"         "    bribing  or  intimidating  voters 41 

Pencils  for  marking  ballots,  how  provided 32 

Polling-places,  how  to  be  equipped 6,31 

Record  book  of  elective  meeting  to  be  kept  by  moderator,  warden,  or  clerk  ...  7 

"  "  "  "      what  to  contain 7,8 

"      not  to  be  enclosed  in  package  containing 

ballots 8 

"       to  be  delivered  by  moderator  or  warden  to 

town  or  city  clerk 8 

"      to  be  evidence  in  case  ballots   are   lost    or 

destroyed 8 

Result  of  vote  to  be  announced  by  moderator  or  warden 7 

Returns  of  supervisors,  nature  of,  and  to  whom  made 30 

Sealing  of  ballots  after  counting 8-10,  12,  45,  46 

Secret  ballot  law 16-40 

"        "    how  to  be  adopted  by  towns 39,  40 

Secretary  of  state  to  furnish  certain  supplies 13 

"          "      "     to  keep  record  of  ballots  furnished 25 

"      "     to  provide  instruction-sheets,  specimen-ballots,  etc.,  for 

state  election 26.  27 

"      "     to  furnish  state  ballots  to  city  and  town  clerks 27 

State  returning-board,  what  ballots  to  be  delivered  to 10 

Supervisors  of  election,  how  appointed 29,  30,  45 

"  "        "         ballots  to  be  delivered  at  opening  of  polls 28 

duties  of 30-33,  35-38,  45,  46 

"  "        "         vacancies  in,  how  filled 30,  45 

to  have  charge  of  ballots  during  election 31 

to  report  on  conduct  of  election 30 

"  "         "         to  give  ballots  to  voter 32 

"  "         "         to  receive  ballots  not  voted. .  35 


52  MANUAL    OF    ELECTION   LAWS. 

PAGE. 

Supervisors  of  election,  to  assist  voters 35 

to  return  cancelled  ballots  and  voting-lists  to  town 

or  city  clerk 35 

to  serve  at  adjourned  or  secondary  elections 39 

"        "        not  to  be  candidates  for  office 31 

"        "         penalty  for  neglect  of  duty 38 

See  City  of  Providence 44 

See  City  of  Pawtucket 46 

Supplies  to  be  furnished  by  secretary  of  state  and  city  or  town  clerk 13 

Tally-sheets  of  voting-machines  to  be  included  under  the  term  "ballots"  or 

"votes" 14 

Town  clerks  to  deliver  certain  ballots  to  state  returning-board 10 

See  " clerks  of  cities  and  towns"  for  duties  of  town  clerks. 

Vacancies  by  withdrawal  of  candidates,  how  filled 21 

in  office  of  moderator,  warden  or  clerk,  how  filled 5,  45 

in  supervisors,  how  filled 30-45 

Vote,  who  may  and  who  may  not 6 

Voters  unable  to  mark  ballot  may  be  assisted 35 

"       not  to  remain  in  voting-compartment  more  than  five  minutes 34 

"           "      re-enter  guard-rail  after  voting 34 

"      leave  enclosed  space  until  they  deposit  or  return  ballot 35 

"       list  of,  by  whom  furnished 44 

"       exempt  from  arrest,  when 40 

"Votes"  construed  to  mean  tally-sheets,  or  records  made  by  voting-ma- 
chines   14 

"Voting-district"  construed  to  mean  ward  voting-district 14 

Voting,  manner  of,  under  secret  ballot  law 32-35 

Voting-places,  how  equipped 31 

Voting-shelves,  and  compartments,  for  each  100  voters 31 

not  to  be  occupied  by  more  than  one  person  at  one  time 34 

Wardens  to  preside  at  ward  or  district  meetings : 5 

"        how  appointed  in  Providence 45 

"        who  to  preside  in  absence  of 5 

"        pro  tempore,  how  elected 5 

"        power  of 5 

"        to  maintain  good  order  in  meeting 5 


INDEX.  53 

PAOK. 

Wardens  to  have  charge  of  ballot-boxes 6 

"       to  receive  or  reject  votes .- 6 

"        to  deliver  ballots  to  supervisors 28 

"       to  announce  name  of  voter 7 

to  count  ballots 7,  45,  46 

"       to  announce  result  of  vote 7 

"        to  keep  record-book  of  elective  meeting 7 

"        to  deliver  record-book  of  meeting  to  city  clerk 8 

"        to  affix  their  signature  to  package  of  ballots 8 

"        to  sign  certificate  to  be  enclosed  in  ballots 10 

"        authority  of,  to  admit  persons  within  the  guard-rail 32 

"        to  direct  supervisors  to  assist  voters  in  certain  cases 35 

"       penalty  for  neglect  of  duty ' 7,  14,  15,  38 

"       word  "warden"  construed  to  mean  ward  district  warden 14 

See  City  of  Providence 44 

See  City  of  Pawtucket 46 


